Killing

Question 1

Invol manslaughter

Answer 1

Unintentional killing due to criminal negligence or unlawful act

Misdemeanor-manslaughter rule: a killing committed in the commission of a malum in se (wrong in itself) misdemeanor is involuntary manslaughter

malum prohibitum misdemeanor—ie, one that is not inherently wrong but is prohibited by statute—is an unlawful act that can serve as a basis for involuntary manslaughter if it is committed willfully or constitutes criminal negligence.

Question 2

Malice murder

Answer 2

Intent to kill—conduct that is the legal cause of death + intent to kill

Intent to do serious bodily injury—intent to do serious bodily injury + unintentional
killing

Reckless indifference to human life—results from reckless indifference to an
unjustifiably high risk to human life + unintentional killing
==> “depraved heart”

Intent to commit a felony—proximately caused by and during the commission or
attempted commission of an inherently dangerous felony + unintentional killing
==> felony murder

Question 3

Felony M cont.

Answer 3

Unintended and foreseeable killing proximately caused by and during the commission
or attempted commission of an inherently dangerous felony

Most common: BARRK—burglary, arson, robbery, rape, and kidnapping

The prosecution must establish the underlying felony and that D committed that felony

D is not liable for a co-felon’s death by a victim or police officer

Does not encompass death occurring after flight from the scene of the crime

Agency theory (majority position)—D is not liable for a bystander’s death caused by a felony victim or police officer
==> was D the agent of the killings (no)

Proximate cause theory (minority position)—a bystander’s death falls under FMR because the death is a direct consequence of the felony

Question 4

1st D v 2nd D

Answer 4

First-degree =
1. Deliberate and premeditated murder;
2. After forming the intent to kill, D had time for reflection
3. Felony murder
==> Specific-intent crime (specific-intent defenses are available to D)

Second-degree (malice crime) = committed with the necessary malicious intent (common law murder), or the default category if not first-degree murder

Question 5

Voluntary Manslaughter

Answer 5

Intentional killing but with adeq provocation OR imperfect SD

1. “Heat of passion” (adeq provocation) = Murder committed in response to a situation that could inflame a reasonable person (e.g., serious battery, threat of deadly force, but usually not mere words) w/o cool off time
   ==> Transferred provocation applies if D misidentified her provoker or accidentally kills the
   wrong person
2. Imperfect defense
   * Many states reduce murder to voluntary manslaughter if D started the altercation or
   unreasonably believed in the necessity of using deadly force

= Malice + Mitigating Circumstances

Question 6

Involv Manslaughter

Answer 6

An unintentional homicide committed with
-criminal negligence
or
-during an unlawful act

1. Criminal negligence—grossly negligent action (or inaction when there is a duty to act) that
   puts another person at a significant risk of serious injury or death
2. Unlawful act—a killing committed during the commission of:
   * A malum in se misdemeanor (e.g., assault, battery), or
   * A felony that is not treated as first-degree felony murder or second-degree murder

Question 7

CL Murder Reqs

Answer 7

(1) Causation
-actual: but-for
-proximate: foreseeable

(2) Malice aforethought
-intent to kill or inflict serious bodily harm,
-reckless disregard for an obvious or unjustifiably high risk to human life.
-intent to cause serious physical injury
-intent to commit inherently dangerous felony

Intervening/ superceding event will only break chain IF unforeseeable (refusing to get med tx doesnt count) ==> high bar!!

Question 8

rekindling doctrine

Answer 8

rekindling doctrine allows a defendant to argue that, even though enough time had passed since the initial provocation to allow for cooling off, another encounter with the victim was sufficient to “rekindle” the defendant’s passion. ==> Such encounters commonly involve mocking or taunts about the initial provocation.

Question 9

Hierarchy of criminal homocide

Answer 9

1. murder
2. voluntary manslaughter
3. involuntary manslaughter