2. Homicide Crimes Flashcards Preview

MBE - Criminal Law > 2. Homicide Crimes > Flashcards

Flashcards in 2. Homicide Crimes Deck (11):
1

What are the four types of homicide crime?

1. Murder

2. Voluntary manslaughter

3. Involuntary manslaughter

4. Felony murder

2

What is the definition of murder?

Intentional killing of another with malice

3

What are the three options which can satisfy the intent requirement for murder?

1. Intent to kill

2. Intent to inflict serious bodily harm

3. Extreme recklessness as to human life

4

The use of any item as a deadly weapon creates what?

An inference of an intent to kill

5

What is the definition of voluntary manslaughter?

Murder but in the heat of passion upon adequate provocation

6

For voluntary manslaughter, what is the standard which the provocation must meet?

The provoking events would provoke a reasonable person

7

What three things must D show to raise provocation for voluntary manslaughter?

1. Actually provoked

2. Did not have time to cool off

3. Did not actually cool off

8

What are the two definitions for involuntary manslaughter?

1. Unintentional killing committed with

criminal negligence (common law) or recklessness (MPC)

2. Killing committed during the commission of a crime which is not inherently dangerous, i.e. to which to felony murder rule does not apply

9

What is the definition of felony murder?

Any killing (other than that of a co-felon) during the commission or attempt to commit an inherently dangerous felony, or escape therefrom

10

What are the two caveats for the felony murder rule?

1. Killing must not be the felony

2. Death must be foreseeable

11

For the purposes of the felony murder rule, when does the felony end?

When D reaches a place of temporary safety