Module 7 Flashcards
Can murder be reduced to voluntary manslaughter when the defendant intentionally killed the victim?
Yes
What is the common-law mental state required for murder?
Malice aforethought
What is voluntary manslaughter?
Killing someone while acting with a depraved heart after reasonable and adequate provocation
Is murder a required element of homicide?
No
What is the primary difference between murder and voluntary manslaughter?
Both crimes have malice, but with voluntary manslaughter the malice is mitigated
What is the test used to determine whether defendant killed after reasonable provocation?
Hybrid test containing both objective and subjective provocation
If a husband saw his wife committing adultery and he shot and killed her, how can you presume his intent to kill?
Because he used a gun/dangerous weapon
If you hit someone with your car intending to injure them but they die, how do you prove the mental state for murder?
Implied because you used your car/dangerous weapon
What is felony murder?
The mental state required to prove a defendant guilty of any inherently dangerous felony is always sufficient to establish malice aforethought for murder
How do you establish intent to do serious bodily injury murder?
If you intend to do serious bodily injury short of death, but you actually succeed in killing, you’re guilty of murder despite your lack of intent to kill
What is serious bodily injury?
More than plain bodily injury, it must be something close to, though less than death
How do you assume intent in serious bodily injury murder?
By defendant’s conduct/words in the light of the surrounding circumstances. His intentional use of a deadly weapon, or hands/feet can also be considered
What are the different ways murder can be committed?
- omission to act when there’s a duty to act
- when accompanied by an intent to kill/do GBI
What is depraved heart murder?
Extremely negligent conduct that creates what the reasonable man would realize to be not only an unjustifiable but also very high degree of risk of death or GBI to another or to others. Though unaccompanied by an intent to kill or do GBI and which actually causes the death of another, may constitute murder
What is ordinary negligence?
Conduct that creates an unreasonable risk of injury to other people/property
What is gross negligence?
Conduct that creates not only an unreasonable risk but also a high degree of risk
What is recklessness?
When a person creates an unreasonable risk and realizes that he is doing so
Can conduct from either gross negligence or recklessness create liability for murder?
No, only manslaughter
When does the MPC say that reckless killing is murder?
When it is done under circumstances showing extreme indifference to the value of human life
What are some examples of conduct that involve a high degree of unjustifiable homicidal danger?
- firing a bullet into an occupied room
- starting a fire at the entrance to an occupied dwelling
- Playing Russian roulette
- dropping something from a very high elevation onto a crowded street
- shaking a baby so hard it can’t breathe
ETC
Are the two important elements of depraved heart murder ?
A) creation of risk
B) realization of the risk
It is the standard for creation of risk in depraved heart murder?
subjective standard: What the defendant should realize the degree of risk to be, in the light of surrounding circumstances known to him. (not about a mathematical calculation of risk). It must be unjustifiably for him to take that risk under the circumstances, making the motive for this risky conduct relevant and the social utility factor to consider
What is the realization of the risk in GBI murder?
D’s conduct creates what a reasonable man would know to be an unreasonable and very high degree of risk of death or GBI to another/several others. Guilty of murder even if he wasn’t aware of the risk created by his conduct.
Does the defendant need to be aware of the risk he is taking in a GBI murder?
No, if his conduct was very risky and it was reasonable for him to know it was risky. Occasionally an unusual case will raise this issue (like when the defendant is more absent-minded, stupid, intoxicated than the reasonable man)
Why is it a subjective standard for the realization of risk in a GBI murder?
Because if you consciously create a risk you were morally worse than someone who does it unconsciously, even though the dangers equal. If You’re too dumb to realize the risk, you shouldn’t be found guilty of murder (other you shouldn’t escape punishment either)
If you are drunk does that negate a depraved heart by blotting out consciousness of risk?
No
What is the purpose of degrees of murder?
To limit the more severe punishments (like death penalty) first degree and to save less severe punishments for second-degree
What are the major felonies that must be present in order to prove felony murder?
BARRK (burglary, arson, rape, robbery, kidnapping)