Murder Flashcards
Degrees of Murder
First Degree Murder, Second Degree Murder, Manslaughter
First Degree Murder
Premeditated Killing, Felony Murder
Premeditated Killing
Must be human, must die
Defendant had intent or knowledge that conduct would bring about result.
Felony Murder
Any foreseeable death even if accidental during the commission of a felony (EXCEPT death of co-felon)
Police officer death - if defendant knew victim was law enforcement and victim was acting within scope of duty
Defenses to Felony Murder
Not guilty of underlying felony, defense to underlying felony, victim’s death was unforeseeable, Defendant reached a place of temporary safety before killing occurred.
Second Degree Murder
Depraved Heart Murder - reckless indifference to unjustifiable risk to human life.
Murder not enumerated under 1st degree murder
Manslaughter
Voluntary, Negligent Manslaughter
Voluntary Manslaughter
Killing done under heat of passion caused by adequate provocation, there was no time to cool off and defendant didn’t cool off.
Adequate Provocation - Event which would cause reasonable person to lose control…defendant lost control.
Negligent Manslaughter
Misdemeanor Manslaughter - killing someone during commission of misdemeanor.
A killing of criminal negligence.