Homocide

Question 1

Common Law Murder

Answer 1

Elements:

(1) Unlawful (2) Killing of another human being (3) with malice aforethought

Question 2

Malice – meaning in CL murder

Answer 2

One of Four Options:

(a) Intent to Kill
(b) Intent to do serious bodily harm;
(c) Reckless indifference to unjustifiably high risk to human life (“depraved heart murder”)
(d) Felony Murder

Question 3

Common Law Murder + Provocation

Answer 3

reduces the crime to voluntary manslaughter

Question 4

Voluntary Manslaughter

Answer 4

Elements:

(1) Adequate provocation
(2) Gave rise to the heat of passion; and
(3) No adequate cooling-off period

Question 5

Involuntary Manslaughter

Answer 5

Types:
(a) Killing resulting from criminal negligence;
or
(b) Misdemeanor manslaughter