Murder Cards

Question 1

Murder

Answer 1

Unlawful killing of another human being with malice aforethought

Question 2

Mens Rea for Murder?

Answer 2

Malice

Question 3

Four ways to prove malice?

Answer 3

1. Purposely
2. Knowingly
3. Depraved Heart
4. Felony Murder

Question 4

In re Winship

Answer 4

The [state, government, prosecution] bears the burden of proving each and every element beyond a reasonable doubt.

Question 5

Francis v. Franklin

Answer 5

A judge cannot instruct a jury to presume any element of a crime. (see In re Winship)

Question 6

First Degree Murder

Answer 6

Premeditated and Deliberate (premeditated is sufficient for DeVeaux’s test)

Question 7

US v. Watson

Answer 7

First Degree Murder

1) Must be deliberate (cool & dispassionate)
2) Premeditated (turned over in your head)
3) Time between formation of plan and execution of crime can be as brief as a few seconds.

Question 8

Depraved Heart Murder

Answer 8

Extreme Recklessness – unintended death when one behaves in a manner of extreme recklessness to display indifference to the value of human life.

Question 9

Examples of Depraved Heart Murder

Answer 9

1) Firing a gun in the direction of a crowd
2) Driving a car on the sidewalk
3) Poisoning a well where people draw water
4) Throwing bricks from a rooftop into a crowd of people below

Question 10

Mayes v. People

Answer 10

Depraved Heart Murder:

1) Not targeting a particular person, but being extremely reckless and indifferent for her life.
2) An amount of foreseeability in your actions

Question 11

Commonwealth v. Malone

Answer 11

Depraved Heart Murder: (Playing Russian Roulette)

1) Malice is evidenced where an individual performs an uncalled for act in disregard of its likely harmful effects on another.
2) The harmful result is not intended.

Question 12

State v. Dufield

Answer 12

Depraved Heart Murder

1) Voluntary intoxication cannot negate recklessness

Question 13

People v. Suarez

Answer 13

Depraved Heart Murder

1) Put in a perilous position and do not aid them–even if no intent to kill.
2) Engages in torture w/o intent to kill

Question 14

Felony Murder (Common Law Def.)

Answer 14

A murder that occurs during the course of a felony.

1) At Common law this is a crime of transferred intent.
2) The intent to commit the predicate felony transfers to become the requisite intent of the murder.

Question 15

Felony Murder (Majority View)

Answer 15

A murder that occurs during the course of a felony.

1) This is a strict liability crime
2) If guilty of committing the predicate crime then no requirement to have intent for the commission of murder.
3) Res ge stae doctrine applies
4) Guiding Purpose: Deterrence

Question 16

Res ge stae Doctrine

Answer 16

(Start to End) In Felony Murder cases, the death must have been caused somewhere between the beginning of the crime and the end of the crime.

Question 17

Predicate Felonies for Felony Murder

Answer 17

Burglary, Arson, Robbery, Rape. (Idaho adds other crimes)

Question 18

Idaho’s predicate felonies for Felony Murder under Idaho Code 18-4003(d)

Answer 18

Arson, burglary, robbery, rape, aggravated battery of a child under 12, kidnapping, mayhem, acts of terrorism, (as defined by the penal code) of the use of weapons of mass destruction, biological weapons or chemical weapons, or a murder committed by a person while escaping or attempting to escape from a penal institution is murder of the first degree.

Question 19

Malice requirement of Felony Murder

Answer 19

Malice is implied from the intent to commit the underlying felony. (State v. Martin)

Question 20

State v. Martin

Answer 20

Felony Murder:

1) Death must be a probable consequence (reasonably foreseeable) of the underlying felony

Question 21

Limits on Felony Murder

Answer 21

State v. Martin: Death can’t be. . .

1) Too remotely related to the underlying felony.
2) Too accidental in nature
3) Too dependent on the voluntary acts of the other person.

Question 22

People v. Stamp

Answer 22

Felony Murder:

1) Applies foreseeability test
2) A felon is strictly liable for all killings committed by him or his accomplices in the course of a felony.

Question 23

People v. Hickman

Answer 23

Felony Murder:

1) Liability for perpetrators of felony when police accidentally kill someone.
2) A person whose act causes an innocent death is guilty of murder by virtue of the felony murder rule.

Question 24

People v. Gladman

Answer 24

Felony Murder:

1) Killing another cannot be underlying felony for purposes of felony murder
2) Res ge stae doctrine: (death must occur during the course of the underlying felony)

Question 25

Six part test for Res ge stae Doctrine

Answer 25

LIPPCO:

1) Location
2) Interval of time
3) Possession of fruits of the crime
4) Police or citizens were in close pursuit
5) Criminals had reached a place of safety
6) Other factors

Question 26

People v. Cavitt

Answer 26

Felony Murder:

There must be a causal relationship (logical nexus) between felony and the death.

Question 27

Merger Doctrine

Answer 27

State v. Shock: If a defendant commits a single act that simultaneously fulfills the definition of two or more separate offenses, the lesser included offenses merge into the greater offense.

Question 28

State v. Lucas

Answer 28

Collateral felony must be distinct from the homicide.