III.A Crimes - Murder/Manslaughter Flashcards
Describe (1) murder in the 1st degree (2) the period of time (between the intent and act) and (3) the requirement of being “calm.”
Unlawful killing (1) with MALICE AFORETHOUGHT (2) that is DELIBERATE (carefully considered/calculated) and PREMEDITATED (i.e., there was time to REFLECT).
ANY INTERVAL in which they are FULLY CONSCIOUS of intent prior to acting is sufficient - could be a MERE MOMENT.
Must be CALMLY and COOLLY carried out - intoxication/emotional upset/passion will downgrade to murder in 2nd degree.
Describe (1) murder in the 2nd degree and (2) the four possible states of mind.
Intentional killing with MALICE AFORETHOUGHT.
Must be with one of the following STATES OF MIND:
Prompt: mnemonic devise is: “I Didn’t Get What I Wanted For My dinner…”
(1) INTENT TO KILL (can be implied by DEADLY WEAPON DOCTRINE),
(2) intent to commit GREVIOUS BODILY HARM,
(3) WANTON & WILLFUL DISREGARD FOR HUMAN LIFE (“DEPRAVED HEART”) or
(4) FELONY MURDER.
Discuss the “felony murder rule” (there are three elements) and the “inherently dangerous” underlying felonies?
A killing that occurs (1) during the COMMISSION (2) of an INHERENTLY DANGEROUS FELONY (3) that was REASONABLY FORSEEABLE (NATURAL & PROBABLE cause).
Prompt: mnemonic devise is “the dog “BARRKs so loud, there are two r’s”
(1) B - Burglary
(2) A - Arson
(3) R - Rape
(4) R - Robbery
(5) K - Kidnapping
Does guilt for “felony murder” extend to killings of or by CO-FELONS or OTHER 3rd PARTIES?
Killing BY a co-felon - YES (assuming during the commission and natural & probable cause)
Killing OF a co-felon - NO
Killing of BYSTANDER by POLICE/VICTIM/3rd PARTY - YES
Neither took. nor intended or attempted to take, a life (e.g., getaway driver: YES, BUT no death sentence
When WON’T the accused by found guilty of felony murder?
(1) after reaching a point of TEMPORARY SAFETY and felony TERMINATES
(2) If felony is not independent of the aggravated battery/involuntary manslaughter (“MERGER DOCTRINE”)
What are the elements of DEPRAVED HEART killings?
(1) WANTON & WILLFUL DISREGARD
(2) of an UNJUSTIFIABLY HIGH RISK to human life (subjective test)
Bonus points: no social utility
Describe the three types of VOLUNTARY manslaughter
Intentional killing that would be murder BUT FOR (1) ADEQUATE PROVOCATION/Heat of Passion, (2) IMPERFECT self defense OR (3) diminished capacity (only in some states, not voluntary intoxication)
What are the requirements for “Head of Passion” manslaughter?
(1) Provocation by victim (2) that would have elicited SUDDEN & INTENSE PASSION in the ordinary/objective person’s mind and (3) defendant (A) didn’t have the TIME to cool down and (B) DID NOT cool down.
Bonus: Mitigation defense, downgrades murder to manslaughter.
What are the requirements for “Imperfect Self-Defense”
Good faith, but unreasonable, self-defense using deadly force.
What are the two forms of INVOLUNTARY manslaughter?
Unintentional killing due to (1) criminal negligence or (2) “misdemeanor murder”
Describe criminal negligence
Prompt: start by citing the “depraved heart” killing - wanton & willful disregard of an unjustifiably high risk of human life (subjective test).
Whereas, criminal negligence exceeds tort negligence, but is not so reckless as to be “wanton and willful” and does not require ANY subjective awareness (i.e., of high risk to life).
Describe misdemeanor murder
During the commission of a MALUM IN SE (inherently wrong) misdemeanor or un-enumerated felony.
If the misdemeanor was not malum in se, then there also needed to have been “FORSEEABILITY”
