Murder Flashcards
What are the AR and MR elements of Common Law murder?
AR: Causing the death of another person
MR: With malice aforethought
What four mental states will satisfy malice aforethought at Common Law?
- Intent to kill
- Intent to inflict serious bodily harm
- Extreme recklessness: reckless indifference to human life (depraved heart murder)
- Intentional commission of an inherently dangerous felony (felony murder)
What are the special rules for “intent to kill” murders at Common Law?
Deadly weapon rule: intentional use creates inference of intent to kill
Transferred intent: intent to harm one victim but actually harm another
What prevents merger under the transferred intent doctrine?
Two different victims
(e.g., If Apollo shoots at Baltar intending to kill him, but instead hits Starbuck and kills her, Apollo’s intent transfers to Starbuck and he is guilty of murder w/r/t her. But he is also guilty of attempted murder of Baltar, because two victims = no merger of attempt and success)
What is the exception to transferred intent?
Attempted crimes (intend to kill one person; wound another; no attempted murder of the second person)
(e.g., If Apollo shoots at Baltar intending to kill him, but instead hits Starbuck and WOUNDS her, Apollo’s intent does NOT transfer to Starbuck and he is NOT guilty of attempted murder w/r/t her because the harm was not complete. But he is still guilty of attempted murder of Baltar.)
What is Felony Murder?
Any killing caused during commission or attempt to commit felony
What are the elements of Felony Murder? (6)
- D must have committed the underlying felony
- Felony must be inherently dangerous (In NY: “BRAKES”)
- Felony must be independent of the killing
- Res Gestae principles: death takes place during felony or immediate flight from felony
- Death must be foreseeable
- Victim must NOT be a co-felon
NY QUESTION
What are the predicate felonies for Felony Murder in NY? (Hint: BRAKES)
BRAKES: Inherently dangerous felonies in NY:
- Burglary
- Robbery
- Arson
- Kidnapping
- Escape
- Sexual assault
What are the two theories for determining culpability of co-felons for felony murder?
(NY)
(MBE)
NY: Proximate cause theory
MBE: Agency theory
What is the proximate cause theory of co-felon liability for felony murder?
One of the co-felons proximately causes the victim’s death: ALL other co-felons guilty of felony murder (even if 3d party is actual cause)
What is the agency theory of co-felon liability for felony murder?
Felony murder only if the killing is committed by one of the co-felons
NY QUESTION
What is NY’s “Non-slayer rule”? (Affirmative defense)
- D did not kill the victim;
- D did not have a deadly weapon;
- D had no reason to believe co-felons had deadly weapon; AND
- D had no reason to believe that co-felons intended to do anything likely to result in a death (Getaway driver defense?)
When does res gestae (felony/flight) end?
D reaches a place of temporary safety
What are the elements of first degree murder under the majority rule?
Killing committed with (1) Premeditation and (2) Deliberation (calm, cool, and collected)
What is the majority definition of second degree murder?
All murders not first degree
NY QUESTION
What are the elements of first degree murder in NY? (3)
- Intent to kill
- D is more than 18 years old
- At least one aggravating factor
NY QUESTION
What are NY aggravating factors that push murder to first degree?
- Victim is law enforcement officer engaged in official duties at time of killing;
- Defendant committed a murder for hire;
- Felony murder where victim was intentionally killed;
- Killing for witness intimidation; OR
- More than one victim killed in the same transaction
NY QUESTION
What constitutes second degree murder in NY?
- Intentional killing that does not qualify for first;
- Highly reckless killing demonstrating depraved indifference to human life (creating grave risk of death to more than one victim); OR
- Felony murder where Victim is not co-felon and is killed unintentionally
What are the elements of CL voluntary manslaughter?
(1) Intentional killing (2) in the heat of passion (3) upon adequate provocation
What constitutes “in the heat of passion upon adequate provocation”? (4 elements: 2 objective, 2 subjective)
- D had objectively adequate provocation (that which would arouse a “sudden and intense passion in reasonable person,” e.g., serious assault/battery or presently witnessed adultery);
- D was actually provoked (subjective);
- D did not have time to cool off (objective); AND
- D did not actually cool off (subjective)
NY QUESTION
What are the elements of Extreme Emotional Disturbance Manslaughter in NY?
(Affirmative Defense)
(1) Intentional killing (2) committed under the influence of extreme and reasonable emotional disturbance
What are the two types of involuntary Manslaughter?
(CL)
(MPC/NY)
- Killing committed during commission of a crime to which felony murder does not apply
- Unintentional killing committed
–> with criminal negligence (CL)
–> recklessly (MPC/NY)
What is the definition of Criminal Negligence?
Gross deviation from a reasonable standard of care
NY QUESTION
What constitutes 1st degree manslaughter in NY?
- Extreme Emotional Distress manslaughter OR
- Intent to cause serious physical injury
NY QUESTION
What constitutes 2d degree manslaughter in NY?
AR: Killing
MR: Recklessness
NY QUESTION
What are the elements of 2d degree vehicular manslaughter in NY?
- Causing the death of another
- As a result of driving intoxicated
[Increase if BAC > .18 OR more than one victim]
NY QUESTION
What constitutes criminally negligent homicide in NY?
AR: Killing
MR: Criminal negligence
NY QUESTION
What are the aggravated killings in NY?
Aggravated Homicide: Victim is cop killed in line of duty
Aggravated Murder: D over 18 causes death of child under 14 in especially cruel and wanton manner
Aggravated Vehicular Manslaughter: First degree vehic mansl + engages in reckless driving
