murder/manslaughter

Question 1

homicide

Answer 1

murder or manslaughter

Question 2

murder

Answer 2

Generally, murder is the unlawful killing of another human being with malice aforethought.

Question 3

Malice aforethought

Answer 3

The state of mind of malice aforethought exists if there is:

a. intent to kill, OR
b. intent to inflict great bodily harm, OR
c. intent to commit a felony, OR
d. reckless indifference to an unjustifiably high risk to human life.

Question 4

murder causation

Answer 4

cause-in-fact: D’s conduct must be the cause-in-fact of the victim’s death. (Death would not have occurred but for D’s conduct.)
proximate cause: D is responsible for all results that occur as a natural and probably consequence of his conduct, even if he did not anticipate the exact manner in which they would occur.

Question 5

3 categories of 1st degree murder

Answer 5

premeditated killing, felony murder, homicide of a police officer

Question 6

Premeditated killing

Answer 6

Victim must be human and dead, and D must have acted with intent or knowledge that his conduct would cause death.

Question 7

Felony murder

Answer 7

Any killing, including accidental killing, committed during the course of an inherently dangerous felony.

Question 8

inherent dangerous felonies providing for felony murder

Answer 8

BARRK

Burglary, Arson, Rape, Robbery, Kidnapping

Question 9

defense to felony murder

Answer 9

1. If D has a defense to the underlying felony, then he has a defense to felony murder.
2. The felony they are committing must be a felony other than the killing.
3. The death(s) must be foreseeable.
4. Death(s) caused while fleeing from a felony are felony murders, but once D reaches a point of temporary safety, deaths caused thereafter are NOT felony murders.
5. D is not liable for the death of a co-felon as a result of resistance by the victim or the police.

Question 10

homicide of a police officer

Answer 10

D must know victim is a law enforcement officer AND

Victim must be acting in the line of duty.

Question 11

2 categories of 2nd degree murder

Answer 11

1. Depraved heart murder - a killing done with reckless indifference to an unjustifiably high risk to human life OR
2. Murders that are not classified as 1st degree murder and not manslaughter.

Question 12

3 types of manslaughter

Answer 12

voluntary manslaughter, imperfect self-defense, involuntary manslaughter

Question 13

voluntary manslaughter

Answer 13

1. Killing in the heat of passion resulting from an adequate provocation by victim,
2. The provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control,
3. There must not have been a sufficient time between the provocation and the killing for the passions of a reasonable person to cool, AND
4. D in fact did not cool off between the provocation and the killing.

Question 14

imperfect self-defense

Answer 14

D has an honest but unreasonable belief that his life was in imminent danger that his life was in imminent danger, reducing murder to manslaughter. (only recognized in some states)

Question 15

involuntary manslaughter

Answer 15

1. Killing with criminal negligence, or
2. Misdemeanor manslaughter - killing someone while committing a misdemeanor or an unenumerated felony (not a BARRK felony)