murder

Question 1

felony murder crimes

Answer 1

BARRK: 
b-burglary (except b with intent to injure/kill)  
a- arsron 
r- rape (except statutory rape) 
r- robbery 
k- kidnapping

Question 2

Deadly Weapons Doctrine

Answer 2

intent to kill is inferred from the defendant’s use of an instrument that is designed to kill or that is used in a manner likely to kill or inflict grievous bodily harm

Question 3

malice is established by

Answer 3

Intent to Kill or intent to inflict serious bodily injury, or deadly weapons doctrine

Question 4

depraved-heart murder

Answer 4

unintentional killing:
o Reckless or grossly negligent conduct;
o That creates an extreme risk to others; and
o Demonstrates a wanton indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury.

Unintended killing resulting from extreme risk creation that manifests a wanton disregard for human life (e.g., Russian roulette)

Question 5

effect of felony murder

Answer 5

Malice is automatically established by causing death during the commission of the “right type” of felony.

Question 6

felony murder rule statement

Answer 6

o An intentional or accidental killing;
o Proximately caused;
o During the commission or attempted commission;
o Of a serious or inherently dangerous felony (BARRK).

Question 7

“Right type of felony”

Answer 7

(1) felonies listed in a statute, or (2) felonies that are independent of the killing and inherently dangerous.

cannot be collateral like felony assault or battery where the intent is to harm

Question 8

abstract jurisdiction (majority)

Answer 8

is the felony, in the abstract, inherently dangerous? ex; practicing without a medical license is not

Question 9

context jurisdiction (minority)

Answer 9

was it inherently dangerous in the context?

Question 10

“Right connection to felony”

Answer 10

The death must be a foreseeable outgrowth of the felony.

Liberally applied – only coincidences are ruled out.

Question 11

“Right time”

Answer 11

the death must be the result of injuries inflicted during the commission, attempt, or immediate flight from a felony.
 Felony starts when the defendant could be convicted of attempt.
 Terminates when the defendant reaches temporary safety.

Question 12

co-felon murder exceptions

Answer 12

1- does not know co-felons are armed and the co-felon himself is not harmed
2- police or victim kills
3- deserving victim; a co-felon is exempt from felony murder responsibility when anyone kills another co-felon

Question 13

degrees in murder

Answer 13

both need malice; there is some other ingredient that differentiates the degrees

Question 14

premeditation timing

Answer 14

can be brief; but sometime to contemplate and reflect to conflict murder

Question 15

deliberation

Answer 15

quality of rational thought; diminished capacity or voluntary intoxication can limit the degrees

Question 16

Second-degree murder

Answer 16

is any killing with malice, but without the additional element to prove first-degree murder. In a jurisdiction that defines first-degree murder only as murder with premeditation and deliberation, any murder committed without the purpose to kill must be second-degree murder

Question 17

voluntary manslaughter

Answer 17

intentional murder mitigated by adequate provocation

Question 18

voluntary manslaughter

mitigating circumstances

Answer 18

1- diminished mental capacity (minority) not as much as insanity
2- imperfect self-defense use of force was unreasonable

Question 19

involuntary manslaughter

Answer 19

unintentional killing- recklessness or criminal negligence

Question 20

misdemeanor manslaughter

Answer 20

died as a result of inherently dangerous misdemenor like battery or non-BARRK felony

Question 21

two issues when analyzing murder

Answer 21

actus reus + mens rea

Question 22

heat of passion trigger

Answer 22

the defendant must be adequately

provoked

Question 23

adequate provocation

Answer 23

a provocation that would lead a reasonable

or ordinary person to lose self-control and fly into a sudden homicidal rage

Question 24

first-degree elevation

Answer 24

Proof that the defendant’s decision to kill was done with
both premeditation and deliberation elevates second-degree murder to first-degree murder

The defendant must consciously decide to kill, so the only malice sufficient is intent to kill

Question 25

example of the misdemeanor-murder rule

Answer 25

, a defendant can be found guilty of involuntary manslaughter where he unintentionally caused a death during the commission of a misdemeanor or a felony that is not inherently dangerous. Here, the man pushed the roommate, which was a battery, but had no intent to kill the roommate, whose fragile brain condition was a factor in his death.

fact pattern: so when a simple punch or push, even if planned, ends up in death the resulting charge will likely be involuntary manslaughter

Question 26

imperfect self-defense

Answer 26

when the defendant’s use of self-defense is unjustified, but in an honest mistake. mitigates higher degrees of murder to voluntary manslaughter

Question 27

self-defense rule

Answer 27

must be a good faith, reasonable mistake as to the necessity of using deadly force in self-defense justifies a resulting homicide

Question 28

volitional/actus reus defense does not matter in

Answer 28

involuntary manslaughter because the act itself is unintentional

Question 29

best defense for involuntary manslaughter

Answer 29

was not criminally negligent, reckless, or unrelated to a misdemeanor

Question 30

difference btween solicitation and conspiracy

Answer 30

solitication is one person acting omn behalf of another whereas conspiracy is an agreement to work together

Question 31

solicitation with more than two people

Answer 31

if the person who was working for you pawned the job off to someone else you are still liable if your intended result occurs