Offenses Against the Person Flashcards
Under the common law, murder is defined as . . .
the unlawful killing of another human being with malice aforethought. Such a state exists if there is 1) intent to kill; 2) intent to commit a felony; 3) intent to inflict great bodily harm; or 4) reckless indifference to an unjustifiably high risk to human life.
What are the types of common law murder?
first degree murder, second degree murder, and felony murder.
First Degree Murder
the premeditated killing of another human being with knowledge and intent that one’s actions would kill the other person.
Second Degree Murder
1) a depraved heart killing; i.e. a killing with reckless indifference to an unjustifiably high risk to human life; or 2) murders that are not classified as first degree murders.
Felony Murder
any killing, whether intentional or accidental, committed during the course of a felony.
Killing a police officer is generally considered what kind of murder?
first degree murder
To be convicted of first degree murder for killing a police officer, what must be shown by the prosecution?
1) the defendant must know the victim was a police officer; and 2) the victim must have been acting in the line of duty.
Must a police officer be on duty in order for their murder to qualify as first degree murder?
no, but they must somehow identify themselves as a police officer, unless the defendant already knew they were a cop.
If a defendant has a defense to the underlying felony, can he still be liable for felony murder?
no. A defense to the underlying felony negates felony murder. He must be charged with another form of murder.
Can a defendant be charged with felony murder if he was committing a misdemeanor when the death occurred?
no
For a defendant to be successfully charged with felony murder, the murder must be ________________.
foreseeable
Are murders committed while fleeing the scene of a crime considered felony murders?
yes
When does the period for committing a felony murder end?
when the defendant reaches a point of temporary safety.
Where more than one suspect are committing a felony, and the co-suspect is killed during the commission of the felony, is the surviving defendant guilty of felony murder?
no
Voluntary Manslaughter
a killing in the 1) heat of passion resulting from an adequate provocation by the victim; 2) which would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control; 3) there is not enough time to cool off; and 4) the defendant did not cool off between the provocation and the killing.,
Explain the doctrine of imperfect self-defense.
under the doctrine of imperfect self-defense, where a defendant has an honest but unreasonable belief that his life in imminent danger, this defense will reduce murder to manslaughter.