2. Homicide

Question 1

What constitutes homicide?

Answer 1

A homicide results when a human being unlawfully causes the death of another human being.

Question 2

When is a homicide NOT considered criminal?

Answer 2

When deaths result from ordinary negligence or occur in fully exculpatory circumstances, such as self-defense.

Question 3

What makes a homicide criminal?

Answer 3

When the killer acted with a criminal state of mind/mens rea and without any legal justification or excuse.

Question 4

How are homicides categorized in criminal law?

Answer 4

1. Malicious (murders) OR NOT malicious (manslaughters); 2. Intentional or unintentional.

Question 5

NO Homicide

Answer 5

-A defendant’s conduct inflicted upon a person already dead

-persons who commit suicide UNLESS a defendant persuades or aids another to do so(can be charged and convicted of a homicide)

Question 6

What is required to prove Actus Reus for homicide?

Answer 6

A prosecutor must show that the defendant’s act caused the death through actual cause and proximate cause.

The Actus Reus for Homicide can be proven by:
1. A voluntary act;
2. An involuntary act arising from a voluntary act(person who has frequent seizures kills someone as a result of having a seizure driving a car); or
3. An omission to act when there is a legal duty to act.

Question 7

What constitutes actual causation for homicide?

Answer 7

The defendant’s actions must contribute to or hasten the victim’s death.

Question 8

Can an accomplice be guilty of homicide?

Answer 8

Yes, an accomplice can be guilty even if only the killer caused the victim’s death.

Question 9

What is the rule for proximate cause in homicide?

Answer 9

When a victim’s death is a foreseeable consequence of the defendant’s conduct.

-prosecutors need only show that the victim’s death was the “natural and probable” consequence of the defendant’s conduct.

-NOT REQUIRED that the defendant foresaw the exact chain of events that resulted in the victim’s death.

Question 10

What severs the chain of proximate causation?

Answer 10

An intervening act that is outside the universe of foreseeable events caused by the defendant’s conduct.

Question 11

What must be shown regarding Mens Rea for homicide?

Answer 11

The defendant must have had a guilty mind contemporaneous with the guilty act.

Question 12

What does the Deadly Weapons Doctrine infer?

Answer 12

An intent to kill when the defendant intentionally uses an instrument likely to produce death or serious injury.

Question 13

What defines common law murder?

Answer 13

The unlawful killing of a human being with malice aforethought.

Question 14

What are the four types of common-law murder?

Answer 14

1. Intent to kill;
2. Intent to cause serious bodily injury;
3. Depraved heart;
4. Felony murder.

Question 15

What characterizes intent-to-kill murder?

Answer 15

A specific intent crime where the defendant purposely or knowingly desires to kill.

1st degree-intentional killing

Question 16

What is intent-to-cause-serious-bodily-injury murder?

Answer 16

Intent-to-cause-serious-bodily-Injury murder is a specific intent crime and unintentional killing proximately resulting from an act intended to cause great bodily injury(significant, but nonfatal injury)

Question 17

An Intent-to-cause-serious-bodily-injury can be proved by:

Answer 17

1. Examination of ALL the surrounding circumstances, including the words and behavior of the defendant;
   OR
2. The USE of ANY instrument in a way that is LIKELY to cause serious injury allows the jury to infer an intent-to-cause-serious-bodily-injury.

Question 18

What is depraved-heart murder?

Answer 18

A general-intent crime and second-degree murder resulting in unintentional killing from extremely reckless conduct.

Question 19

A person acts with extreme recklessness when

Answer 19

they show a blatant disregard for life by ignoring a very high risk of death or serious injury.

Question 20

Nuance Rule for NO depraved-heart murder

Answer 20

It is NOT the gruesomeness of the killing that manifests the malice of a depraved-heart murder. The inference is an intent to kill murder.

Question 21

What are inherently dangerous felonies?

Answer 21

Felonies that can be determined by a jurisdiction’s criminal code or BARRK: Burglary, Arson, Robbery, Rape, and Kidnapping.

Question 22

What is required for felony murder?

Answer 22

An intentional or unintentional killing proximately caused during the commission or attempted commission of a serious or inherently dangerous felony.

Question 23

An Inherently dangerous felony can be determined by:

Answer 23

1. A jurisdiction’s criminal code; or
2. BARRK: Burglary, Arson, Robbery, Rape, and Kidnapping.

Question 24

True or False: The defendant does NOT have to be charged or convicted of the underlying felony in order to be charged and convicted with felony murder.

Answer 24

True. The jury can convict a defendant of felony murder if the prosecution proves beyond a reasonable doubt that the felony occurred, even if the felony is not separately charged.

Question 25

NO Felony Murder(Defenses)

Answer 25

-Any successful defenses to the underlying felony will preclude a conviction for felony murder. -The victim’s death must be a foreseeable result of the felony; and -the underlying felony on which the felony murder is based, cannot itself be a killing.

Question 26

Proximate causation for Felony Murder

Answer 26

The resulting death must be a foreseeable outgrowth of the defendant's actions

Question 27

What is the agency theory in relation to felony murder? NO Agency Theory for..

Answer 27

Only deaths caused by the defendant OR the defendant's co-felon can be the basis for a felony murder conviction. NO Agency Theory for Any death caused by a non-felon (e.g., a police officer, victim of the predicate felony, witness, or bystander)

Question 28

what is redline limitation theory?

Answer 28

a defendant cannot be convicted of felony murder if the person who died was a co-felon who was lawfully killed by a third party (such as law enforcement or a victim in self-defense.)

Question 29

Commission or Attempted Commission of the Felony

Answer 29

ONLY the death-causing injury has to occur during the commission or attempted commission of the felony. -The victim does NOT need to actually die during the felony. -The death of a victim who succumbs to their wounds AFTER the felony has concluded will still support a conviction of felony murder.

Question 30

What is the timing rule for felony murder?

Answer 30

The felony starts when a person could be convicted of attempting the felony and continues until reaching a place of temporary safety.

Question 31

True or False: If the killing occurs AFTER a felony is complete, the defendant CANNOT be found guilty of felony murder.

Answer 31

True.

Question 32

When the felony is independent of the homicide, the underlying felony and the homicide___________

Answer 32

do NOT merge. The felon is guilty of BOTH the underlying felony and felony murder. Example: Homicides can occur without a kidnapping, kidnapping is independent of the homicide. As such, the kidnapping will not merge with the homicide, and this victim’s kidnapper is guilty of both kidnapping and felony murder.

Question 33

When the felony is NOT independent of the homicide, the underlying felony is

Answer 33

inextricable from the homicide and the felony merges into the appropriate homicide charge (not felony murder). In such an instance, the perpetrator is guilty only of the homicide.

Question 34

What is first-degree murder?

Answer 34

Intent-to-kill murder committed with premeditation and deliberation, including most felony murders.

Question 35

NO First Degree Murder

Answer 35

If an unjustified, intentional killing is committed in the “spur of the moment" but not in circumstances sufficient to negate malice, the killing still constitutes murder, but NOT murder in the first degree because there is no premeditation to kill.

Question 36

True or False: If the defendant was voluntarily intoxicated but still sober enough to form the intent to kill, the defendant may be able to avoid liability for first-degree murder by proof that the intoxication precluded premeditation or deliberation.

Answer 36

True.

Question 37

What is the definition of voluntary manslaughter?

Answer 37

An intentional killing mitigated by adequate provocation, negating malice aforethought.

Question 38

What is second-degree murder?

Answer 38

Second-degree murder is any murder that does not count as first-degree murder, including: i.) intent-to-kill murders that LACK premeditation and deliberation because they were acted on in the spur of the moment; ii.) intent-to-inflict-serious-bodily-harm murder; and iii.) depraved-heart murder.

Question 39

Voluntary Manslaughter

Answer 39

Voluntary manslaughter is an: i.) INTENTIONAL killing MITIGATED by adequate provocation or other circumstances; ii.) NEGATING malice aforethought

Question 40

Voluntary intoxication is no defense to ______________

Answer 40

recklessness crimes. Even though recklessness calls for a conscious disregard of a substantial risk, a person who was not aware of the risk because of voluntary intoxication will still be deemed to have acted recklessly.

Question 41

What are the requirements for adequate provocation?

Answer 41

1. Circumstances must lead to loss of self-control; 2. Causal link between provocation and reaction; 3. No cooling-off period.

Question 42

No Adequate Provocation

Answer 42

"Mere words" are insufficient to establish adequate provocation and such killing after mere words spoken would constitute murder, NOT voluntary manslaughter.

Question 43

Imperfect self-defense may mitigate murder to voluntary manslaughter where a defendant was either:

Answer 43

i.) at fault in starting an altercation; or ii.) unreasonably, but honestly, believed that harm was imminent or deadly force was necessary.

Question 44

What is involuntary manslaughter?

Answer 44

An unintentional killing without malice, caused by recklessness, criminal negligence, or during an unlawful act.

Question 45

What does criminally negligent manslaughter require?

Answer 45

A reckless disregard for the high risks created by one's conduct.

Question 46

What is the 'but for' test in causation?

Answer 46

Asks whether the harm wouldn’t have occurred 'but for' the defendant’s act.

Question 47

What is required for criminally negligent manslaughter?

Answer 47

A reckless disregard for the high risks created by one's conduct This type of manslaughter does not require the intention to kill but focuses on negligence.

Question 48

What is the usual method of establishing factual causation in manslaughter cases?

Answer 48

The 'but for' test This test determines whether the harm would not have occurred 'but for' the defendant's action.

Question 49

Is voluntary intoxication a defense to criminal manslaughter?

Answer 49

No Voluntary intoxication does not absolve a defendant from liability in manslaughter cases.

Question 50

Does contributory negligence apply to criminal manslaughter cases?

Answer 50

No Contributory negligence is a civil issue and does not factor into criminal liability for manslaughter.

Question 51

What are the two conditions under which a defendant can be found guilty of involuntary manslaughter according to the Misdemeanor-Manslaughter Rule?

Answer 51

i.) Unintentionally caused a death; ii.) During the commission of a misdemeanor or felony that is NOT inherently dangerous This rule addresses the liability of defendants for unintentional deaths occurring during certain unlawful acts.

Question 52

When does the misdemeanor-manslaughter rule apply to malum in se misdemeanors?

Answer 52

Even if the misdemeanor is not independent of the homicide or cause of death Malum in se refers to acts that are inherently wrong.

Question 53

What are the two conditions for the misdemeanor-manslaughter rule to apply to malum prohibitum misdemeanors?

Answer 53

i.) The unintentional killing was a foreseeable consequence of the unlawful conduct; or ii.) The consequence of the defendant's criminal (or gross) negligence Malum prohibitum refers to acts that are wrong because they are prohibited by law.