Murder/Homicide

Question 1

1st degree

Answer 1

Willful, deliberate, and premeditated OR felony murder

Question 2

Factors proving premeditation

Answer 2

a) evidence of planning; ex: obtaining a weapon
b) the defendant’s conduct and statements before and after the killing
c) the defendant’s motive for the killing
d) how the killing was committed; ex: brutality
e) the type of weapon used
f) the nature and number of wounds inflicted
g) the relationship between the victim and the defendant; ex: threats, patterns of violence
h) lack of provocation by the victim
i) the passage of time

Question 3

2nd degree

Answer 3

Willful without premeditation and deliberation OR depraved heart (recklessness+)

Question 4

Manslaughter

Answer 4

Murder without malice

Question 5

Voluntary manslaughter

Answer 5

a) committed under the influence of passion
b) produced by an adequate or reasonable provocation
c) before a reasonable time has elapsed for cooldown
d) the result of temporary excitement, control of reason was disturbed

Question 6

Involuntary manslaughter

Answer 6

a) commission of an act not amounting to a felony
b) commission of an act that might produce death in an unlawful manner
c) commission of an act that might produce death

Question 7

Felony murder

Answer 7

Unintended and accidental killings can be prosecuted as murder if they occurred during the course or in the furtherance of a felony