Murder

Question 1

CLAW murder

Answer 1

unlawful killing of another juman with malice aforethoguht

malice aforethrough exists if there is

1. intent to kill OR
2. intent to commit a felony OR
3. intent to inflict great bodily harm OR
4. reckless indifference to an unjustifiably high risk to human life.

Question 2

1st degre emruder

Answer 2

1. premeditate killing

a. victim must be human
b. D must have acted with intent or knwledge that his conduct would cause death

2. felony murder
3. homicide of a cop

a. D must have known the V is a cop and
b V must be acting in line of duty

Question 3

2nd degree murder

Answer 3

depraved heart illing 0 a killing done w/ reckless indifference to an unjustifiably high risk to human life.

murders that are not classified as 1st degree murder

Question 4

felony murder

Answer 4

Rule - any killing - even accidental - committed during the course of a felon

Question 5

defenses to ffelony murder

Answer 5

1. the D has a defense to the undelrying felony
2. the felony they are committing must be a felony other than the killing
3. the deaths must be foreseeable
4. deaths caused while fleeing from a felony are felony murder. Once the D reaches a point of TEMPORARY SAFETY, death caused thereafter are NOT felony murder
5. at CLAW, D is not liabile for the death of a co-felon as a result of resistance by teh V or cops.

Question 6

voluntary manslaughter

Answer 6

1. killing in the heat of passion resulting from an adequate provcation by the V
2. provocation must be one that would arose sudden and intense passion in the mind of an ordinary person such to cause him to lose control
3. there must not have been sufficient time beftween the provocation and the kiling for the passion of a rasonable person to cool
4. the D in fact did not cool off between provocation and killin

Question 7

Imperfect self defense

Answer 7

if D has an honest and UNreasonable belief that his life was in imminent danger, this defense will reduce murder to manslaughter

Question 8

involuntary manslaughter

Answer 8

1. a killing of criminal negligence OR

2. misdemeanor manslaughter - killing someone while committing a misdemeanor or an un-enumerated felony

Question 9

causation

Answer 9

cause in fact - D’s conduct must be the cause of the V’s death. but fo rthe D’s conduct the deaht would not have occurred

proximate cause - rule - a D is reposnible fro all results that occur as a natural and probable consequence of his conduct evne if he did not anticipate theexact manner they would occur