Murder

Question 1

Common law murder categories

Answer 1

Murder
Voluntary Manslaughter
Involuntary Manslaughter

Question 2

common law murder

Answer 2

intent to kill/intentional use of a deadly weapon
intent to inflict great bodily injury
reckless indifference to an unjustifiably high risk to human life
intent to commit a felony

Question 3

common law voluntary manslaughter

Answer 3

a killing that would be a murder but for the existence of adequate provocation. hop

Question 4

What is adequate provocation?

Answer 4

a sudden and intense heat of passion in the mind of an ordinary person, causing him to lose self control
defendant was provoked
no sufficient time to cool off
defendant did not cool off

Question 5

involuntary manslaughter

Answer 5

it was committed with criminal negligence or in some states during the commission of an unlawful act.

Question 6

MPC Murder

Answer 6

a murder will be second degree murder unless it comes under the following circumstances making it first degree:

1. deliberate and premeditated
2. felony murder - enumerated felony BARRK
3. torture

Question 7

voluntary intoxication

Answer 7

can be a defense to first degree murder and make it to second degree or common law murder which requires only an reckless indifference to human life

Question 8

felony murder

Answer 8

any death caused in the commission of or in an attempt to commit a felony is murder, malice is implied from the intent to commit the felony

Question 9

Limitations on liability for felony murder

Answer 9

1. defendant must have attempted or committed the crime
2. felony must be distinct from killing
3. death must be a foreseeable result
4. death must have been caused before the defendant’s immediate flight
5. a defendant is not liable for felony murder when a co-felon is killed as a result of resistence by felony victim or the police
6. proximate cause theory - felons are liable for deaths of innocent victims caused by someone other than a co-felon.killing must be committed by a felon or his agent.

Question 10

ex. of proximate cause theory

Answer 10

if a bystander is accidentally killed by a police officer during a shootout at the crime scene, the felons will be guilty of felony murder.

Question 11

rules of causation

Answer 11

have to be actual and proximate cause. an act that hastens an inevitable result is still the legal cause of that death. Also simultaneous acts of two or more persons may be independently sufficient causes of a single result. a victims fragility does not break the causal chain