Implied Malice Murder Flashcards
1
Q
implied malice
A
malice that must be inferred because it is not intended
2
Q
depraved heart murder
A
D must have realized that his actions created a substantial and unjustifiable risk of death: typically satisfied by gross recklessness
3
Q
Felony Murder
A
can be convicted of murder if killed another person while committing a felony (typically means the punishment was 1 yr or more imprisonment)
4
Q
Inherently dangerous felony limitation
A
underlying felony must be inherently dangerous to qualify for felony murder rule: abstract or fact intensive approach
5
Q
merger doctrine
A
felony murder does not apply to assaultive felonies (involving physical violence)
6
Q
Agency Rule
A
if a third party was proximate cause of death, no felony murder (not accepted by all states)
7
Q
A
