Lecture 3 - Criminal Homicide, Murder, Manslaughter, Reckless Killings, Felony Murder

Question 1

Under Common law, what is the difference between express malice and implied malice murder?

Answer 1

killing with express malice (intentional killing), and killing with implied malice (reckless killings with depraved indifference)

Question 2

How does the MPC define murder?

Answer 2

a killing performed knowingly

Question 3

What differentiates first degree from second degree murder?

Answer 3

Whether or not the killing was premeditated

Question 4

Besides pre-meditation, what circumstance might “upgrade” the charge to first degree murder?

Answer 4

Who the victim was. (Police officers, criminal witnesses)

Question 5

Generally, what constitutes premeditation and deliberation?

Answer 5

prior planning, and considering whether or not to commit the crime

Question 6

the element of prior calculation (as some states apply for determining premeditation) requires more than

Answer 6

an inference of purpose

Question 7

When will a murder charge be downgraded to involuntary manslaughter?

Answer 7

When there is is evidence that that the crime was done with provocation “in the heat of passion” or through an extreme emotional disturbance

Question 8

Provocation is considered a ___

Answer 8

defence as it mitigates the blameworthiness associated with murder to the lesser offence

Question 9

What are the 4 elements for provocation?

Answer 9

1. Adequate provocation
   This is defined as situations “calculated to inflame the passion of a reasonable man and tend to cause him to act for the moment from passion rather than from reason”.
2. Killing in the heat of passion
3. Performed suddenly, before reasonable opportunity for passion to cool
4. Casual connection between provocation, passion, and killing

Question 10

What are the 5 types of provocation that are generally deemed to be acceptable by the court?

Answer 10

1. Extreme assault on the defendant (but not raised to lethal force?)
2. Mutual combat
3. Illegal arrest of the defendant
4. Injury or serious abuse of a close relative or friend
   5Sudden discovery of spousal adultery

Question 11

In the alternative, (as some states disregard the provocation defence) what constitutes an emotional disturbance?

Answer 11

when a killing is committed “under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse”

Question 12

Can words in isolation be adequate provocation?

Answer 12

No. (Girouard v. State)

Question 13

Is the cooling off element of provocation determined by a subjective or modified objective standard?

Answer 13

Modified objective (State v. Castagna)

Question 14

Provocation is derived from the ___ wheres Extream Emotional Disturbance is from the___

Answer 14

Common law, MPC

Question 15

Under the MPC, do extreme emotional disturbances require a specific trigger?

Answer 15

No. The violent act must be looked at in a larger context (State v. White)

Question 16

When will an unintentional killing be considered a murder?

Answer 16

if the defendant has demonstrated either implied malice or a depraved indifference to human life,
or
Involuntary Manslaughter: applies when the defendant engages in conduct that constitutes a substantial and unjustified risk that results in death
Ex. Knowingly dropping rocks form a highway bridge onto incoming traffic, that results in the death of a motorist
(Reckless killings)

Question 17

What defines involuntary manslaughter?

Answer 17

an unintentional killing based on the defendant’s UNJUSTIFIABLE risk-taking behaviour

Question 18

What knowledge standard is sufficient for involuntary manslaughter?

Answer 18

Most stetes recklessness, minoirtystates negligence

Question 19

therefore, for involuntary manslaughter, the prosecution must prove___

Answer 19

that a reasonable person would not have disregarded the risk as the defendant did

Question 20

Under what circumstance can a reckless killing be upgraded to an Implied Malice Murder?

Answer 20

if the defendant demonstrated that their depravity was especially severe or showed an “abandoned or malignant heart

Question 21

In other juresdictions, what constitutes an extreme indifference murder?

Answer 21

If a killing is committed while manifesting an ‘extreme indifference to the value of human life. Ex. Second Degree murder in NY is defined as as reckless “conduct which creates a grave risk of death to another person” that evidences a “depraved indifference to human life”

Question 22

Under the minority misdemeanour manslaughter rule, when would a conviction for manslaughter be allowed?

Answer 22

if the defendant commits an underlying misdemeanour that results in death

Question 23

Under the misdemeanour murder rule, recklessness is presumed by ___

Answer 23

the statute because the defendant was already committing a misdemeanour when the death occurred

Question 24

For the purpose of a reckless killing, what will constitute knowalge?

Answer 24

If a persons behaviour demonstrates any knowledge of a risk and consciously disregards it, it will constitute recklessness.
(People v. Kolzow)

Question 25

When will a defendant’s lack of concern be sufficient for an implied malice murder charge?

Answer 25

A killer acts with implied malice only when acting with an awareness of ENDAGERING HUMAN LIFE.
(People v. Knoller)

Question 26

For the charge of a misdemenor manslaughter, what relationship must the misdemenor and the death have?

Answer 26

Only if the death was foreseeable as a result of committing the misdemeanr can the accused be charged.
(State v. Biechele)

Question 27

What is a felony murder charge?

Answer 27

allows a court to convict a defendant who commits a felony that results in someone’s death
Ex. An armed robbery got wrong

Question 28

Why does a felony automatically get upgraded to murder?

Answer 28

due to the seriousness of the underlying felony, it is automatically upgraded to a murder charge and consequences

Question 29

What are the 3 types of limitations that have been placed on the felony murder charge?

Answer 29

1. The independent felony/murder limitation
2. The inherently dangerous felony limitation
3. The “in furtherance of the felony” limitation

Question 30

Under the Independant Felony or “Merger” limitation, what standard must be met?

Answer 30

the triggering felony must have a life of its own, and stand apart from the resulting death/killing
The felony cannot be “merged” to the killing

Question 31

Give an example of a felony being “merged” into a murder charge

Answer 31

Ex. The defendant commits assault with a weapon, and the victim dies. The felony its not independent from the death. The defendant would thus be charged with murder, and not murder and assault
If the triggering felony disappears into the killing, then the two requirements for the doctrine no longer exist

Question 32

What is the for felony murder?

Answer 32

triggering felony + resulting killing = felony murder

Question 33

What is the standard of the Inherently Dangerous Felony Limitation?

Answer 33

the triggering felony must be “inherently dangerous” to human life.

Question 34

What would not qualify as a felony murder under the Inherently Dangerous Felony Limitation?

Answer 34

A non dangerous felony resulting in unintentional or freakish death would not be appropriate for a felony murder charge
(Ex. embezzlement)

Question 35

What is the standard of the “in furtherance of the felony” limitation?

Answer 35

the killing cannot be too remote from the underlying felony
The killing must be performed “in furtherance of” the underlying criminal act

Question 36

If the police kill a perpetrator of a crime, could his accomplice be accused of felony murdering him?

Answer 36

Yes, becasue the commission of the felony was the “proximate case” of death: all that matters is that thevictem’s death was set in motion by the defendant’s behaviour

Question 37

For common law murder, what does malice mean?

Answer 37

Intent to kill
Intent to inflict greivuss bodily injury, resulting in death
Reckless indifference to human life (depraved heart)
Felony Murder

Question 38

Does the MPC use malice?

Answer 38

No. However, the murder must be intentional

Question 39

What are the 2 views for premeditation as it relates to murder?

Answer 39

Intent to kill
Intent to inflict greivuss bodily injury, resulting in death
Reckless indifference to human life (depraved heart)
Felony Murder

Question 40

Manslaughter is often divided between:

Answer 40

VOLUNTARY and INVOLUNTARY (recklessness/negligence)

Question 41

Manslaughter is NOT an ____

Answer 41

Unintentional killing. it is more often, a downgrade from a murder charge/a failed mens rea requirement from a murder charge

Question 42

What defines voluntary manslaughter?

Answer 42

a killing done in the sudden heat of passion, as a result of adequate provocation is voluntary manslaughter