Homocide**

Question 1

Common Law Murder

Answer 1

Unlawful killing of a human with malice aforethought.

Question 2

Malice Aforethought

Answer 2

Exists if:
1) No facts reducing the killing to voluntary manslaughter or excusing it AND
2) comitted with either
——intent to kill
——intent to inflict great bodily injury
——reckless indifference to an unjustifably high risk to human life
——intent to commit a felony (felony murder)

Intentional use of a deadly weapon = inference of intent to kill

Question 3

First Degree Murder

Answer 3

Murder +
1) Deliberate and premeditated
2) Felony murder if enumerated felony (statutes vary)
3) Certain manner of killing or certain victims (statute vary)

Otherwise its second degree murder.

Question 4

Deliberate and premediatated

Answer 4

Decision to kill in cool and dispassionate manner and actually reflected on idea of killing (even if for split second)

Question 5

Second degree murder

Answer 5

“Depraved heart killing”
-reckless indifference to an unjustificably high risk to human life

Any murder not classified as first degree

Question 6

Felony Murder RUle

Answer 6

Any death, even accidental, caused in commission of, or in an attempt to commit, a felony is murder. Malice is implied from other felonies intent.

Felonies included varies.

At common law: BARRK
1) Burglary
2) Arson
3) Rape
4) Robbery
5) Kidnapping

Question 7

Limitations on Felony Murder Rule

Answer 7

1) Defense that negates an element of underlying felony applies to the murder too. Must have committed the felony or attempted.

2) Felony must be distinct from the killing itself

3) Death must have been forseeable

4) Deaths must have been caused before immediate flight from felony ended (temporary safety is the line)

5) Usually, D is not laible when a co-felon is killed as a result of resistance from the felony victim or police

Question 8

Proximate cause theory (Felony murder)

Answer 8

Felon liable for deaths of innocent victims caused by someone other than co-felon

Alternative to agency theory

Minority view.

Question 9

Agency theory (Felony murder)

Answer 9

Killing must be committed by a felon or their agent.

ALt to proximate cuase theory.

Majority view

Question 10

Voluntary Manslaughter

Answer 10

Killing that would be murder but for the existence of adequate provocation.

Question 11

Adequate provocation (voluntary manslaughter)

Answer 11

1) Would arouse sudden and intense passion in mind of ordinary person
2) D was in fact provoked
3) Not sufficient time between provocation and killing for a reasonable person to cool AND
4) D in fact did not cool off between provocation and killing

Question 12

Imperfect Self Defense (vol mans)

Answer 12

Murder may be reduced to MS even thought
1) the D was at fault in starting the altercation OR
2) D unreasonably but honestly believed in the necessity of responding with deadly force (not true self defense)

Only some states recognize

Question 13

Involuntary Manslaughter

Answer 13

1) With criminal negligence (or recklessness under the MPC)
OR
2) in some states, during the comission of an unlawful act (misdemeanor or not included within felony murder rule) (forseeability of death may also be a requirement)

Question 14

Involuntary MS vs “Abandoned and Malignant Heart Muder”

Answer 14

Abandoned and malignant heart (CL) = high risk of death

Recklessness = substantial risk

Question 15

Causation

Answer 15

D’s conduct must be both cause-in-fact and teh proximate cuase of the victims death

Question 16

Cause in fact

Answer 16

but for Ds conduct

Question 17

Proximate Causation

Answer 17

Natrual and probable consequence of the conduct, even if D didn’t anticipate the precise manner in which result would occur.

Superseding factors breach chain of PC

Question 18

Acts that hasten an inevitable result (causation)

Answer 18

Still the legal cause of that result

Question 19

Simaltaneous acts (causation)

Answer 19

May be independenty sufficient causes of a single result

Question 20

Egg shell rule (Causation)

Answer 20

Victims preexisting weakenss or fragility, even if unforseeable, does not break causation

Question 21

LIMITATIONs on causation

Answer 21

1) Year and a day rule
2) Intervening Acts

Question 22

Year and a day rule (causation limitation)

Answer 22

Traditionally, death of a victim must occur within one year and one day from infliction of the injury or wound.

Majority has abolished.

Question 23

Intervening Acts (Causation limitation)

Answer 23

Generally, an intervening act shields the D from liability if the act is a coincidence or is outside the forseeable sphere of risk created by the D.

NOTE: BOTH FORSEEABLE (d would be liable):
1) third parties negligent medical care
2) victims refusal of medical treatment for religious reasons