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Question 0

What is the year and a day rule at common-law?

Answer 0

If a victim died more than one year and one day after the defendant’s act, the D was not the proximate cause

Question 1

What are the four proximate cause scenarios to consider for homicide?

Answer 1

• year-and-a-day rule
• D and third-party cause death together
• intended results
• thirty party was the sole cause of death

Question 2

The year and a day rule only applies to which law?

Answer 2

Common law

Question 3

Modernly what has happened to the year and a day rule?

Answer 3

Has been eliminated or the time period has been extended

Question 4

If the defendant and a third-party cause a death together, how does that affect proximate cause?

Answer 4

Causation depends on direct or indirect cause

- if defendant’s act was a direct cause: both are considered the direct causes of the death

Question 5

If a defendant shoots a V in the shoulder and a third-party stabs him many times in the feet, and hours later he dies from blood loss, who is responsible for the death?

Answer 5

Both parties, because they both actually caused the death

Question 6

In a situation when a series of unforeseeable events break the chain of causation in an unexpected way, is the defendant still liable for the homicide?

Answer 6

Yes if he acted with intent to cause a homicide, and the intended homicide resulted

Question 7

If Dan makes a bomb and wants to blow up the victim, wraps it like a birthday present and mails it, but the truck crashes, the present floats to shore, and the V finds the package and takes it from the river and gets blown up by it, what is the liability?

Answer 7

Usually this would terminate proximate cause, but defendant intended to kill the victim and did kill the V, so the chain of causation being unforeseeable is irrelevant

Question 8

Even if you didn’t personally commit the acts that caused the death, how can you be legally responsible?

Answer 8

• accomplice liability
• co-conspirator liability
• felony murder rule
• solicitation
• defendant’s omission caused the death

Question 9

If you are an accomplice to the killer, can you be responsible for the killing?

Answer 9

Yes, because of accomplice liability

Question 10

If you only provide post-crime aid to someone, are you vicariously liable for the death?

Answer 10

Generally no, but you will be charged with a lesser degree of liability

Question 11

If a reasonably foreseeable result of a conspiracy is homicide, and it was committed in furtherance of the conspiracy, then where does liability lie?

Answer 11

With all members of the conspiracy regardless of who did the killing

Question 12

If you solicit a criminal act, are you vicariously liable for the crime if the party actually commits it?

Answer 12

Yes

Question 13

If you fail to prevent an injury/death, are you criminally liable if you had a duty to act?

Answer 13

Yes

Question 14

If a parent knowingly fails to get medical help for a sick child, and the child does, what is the liability?

Answer 14

Homicide

Question 15

What distinguishes murder from manslaughter?

Answer 15

Malice aforethought

Question 16

How can malice aforethought be shown?

Answer 16

It can be implied by law or proved by evidence

Question 17

How can homicide be presumed to be malicious?

Answer 17

If there is no proof that it resulted from sudden and violent provocation

Question 18

What are the four states of mind that can establish malice?

Answer 18

• intent to kill
• intent to cause serious bodily
• depraves or wicked heart
• felony murder

Question 19

How can intent to kill be presumed?

Answer 19

If a deadly weapon was used

Question 20

What is considered serious bodily injury?

Answer 20

Substantial risk of death or serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ

Question 21

What must be proved to show a depraved and wicked heart?

Answer 21

That the defendant was aware of the risks and consciously disregarded them

Question 22

What are ways that malice can be negated for felony murder?

Answer 22

Justification, excuse, mitigation

Question 23

What is intent to kill?

Answer 23

Proof that defendant acted with the conscious desire to kill the victim or a substantial certainty that his actions would result in death

Question 24

How can intent to kill be proven?

Answer 24

It can be either express or implied from circumstantial evidence

Question 25

If someone says, “Eat dirt and die!” while pointing a gun at the victim, what can be implied?

Answer 25

Malice or intent to kill

Question 26

If you stab a victim multiple times, what can be presumed?

Answer 26

Intent to kill

Question 27

Does transferred intent apply to intent to kill?

Answer 27

Yes

Question 28

What is the deadly weapon doctrine?

Answer 28

One who intentionally uses a deadly weapon on another human being, in the manner in which it was intended to be used, and thereby kills, has presumably intended to kill

Question 29

Intent to kill can be inferred if a deadly weapon is used, but this is only an inference, so how can it be negated?

Answer 29

By the facts

Question 30

If you shoot at a victim’s hand, but miss and the bullet ricochets off the wall and kills the victim, how can that negate intent to kill?

Answer 30

Because you only shot at his hand

Question 31

What are considered deadly weapons?

Answer 31

Anything designed, made, or adapted for the purpose of inflicting death or serious physical injury

Question 32

If you spike someone’s drink hoping they will pass out, but they die, is malice present?

Answer 32

Yes, even though you didn’t intend the death, because of the deadly weapon doctrine

Question 33

If you shoot at the ground but the bullet ricochets and kills someone, because you used a gun, are you automatically liable for murder?

Answer 33

No, the facts can dictate that, so on an essay bring it up, and then shoot it down

Question 34

Can intoxication work as a defense for intent to kill?

Answer 34

No because the standard is a reasonable sober man

Question 35

What does intent to inflict serious bodily injury mean?

Answer 35

Engages in conduct knowing that it will create a high risk of death or bodily injury or should be aware

Question 36

What is considered serious bodily injury?

Answer 36

Significant but non-fatal injury

Question 37

How can intent to inflict serious bodily injury be proved?

Answer 37

By the surrounding circumstances, like words and behavior, or deadly weapon

Question 38

If you pour boiling water on your neighbor because she had an affair with your spouse, what has been shown?

Answer 38

Intent to inflict great bodily injury

Question 39

Does transferred intent apply to intent to inflict great bodily injury?

Answer 39

Yes

Question 40

If you know that kids are playing in the distance, but you practice target shooting near them anyway, and you don’t intend to kill them, what does your behavior show?

Answer 40

Serious risk of death/GBI, which is wanton and willful misconduct (depraved heart)

Question 41

If you drive on the wrong side of the road just for fun, going super fast in a residential area, and you hit a child, what does your behavior show?

Answer 41

Extreme disregard for human life/depraved heart

Question 42

Depraved heart murder can only result in which degree of murder?

Answer 42

Second degree

Question 43

How can socially reasonable risks negate willful and wanton misconduct?

Answer 43

Sometimes you can knowingly create a very high risk of death/GBI for a logical and socially reasonable purpose

Question 44

What is an example of a socially reasonable risk that would negate willful and wanton misconduct?

Answer 44

Speeding to get someone to the hospital

Question 45

What makes malice a general intent crime?

Answer 45

Wanton and willful misconduct/depraved heart, because it allows super recklessness