Homicide

Question 1

First Degree

Answer 1

i. specific-intent crime, whereas CL murder is a malice crime, and other forms of homicide are general-intent crimes.
ii. Exam Tip 6: Assume that the question involves common-law murder or manslaughter, unless you are told that it involves first-degree murder. If the question involves first-degree murder, then look out for special defenses that are only available in first-degree murder cases.

Question 2

CL Murder

Answer 2

i. : The unlawful killing of another human being committed with/malice aforethought
1. Lawful killing of another is not murder (e.g., state execution is not murder).
2. Has to be a killing of another person - not yourself

Question 3

Malice under CL murder

Answer 3

1. Intent to kill: The defendant acted with the desire that the victim end up dead.
   a. need not be “pre-premeditated.” can be formed in a second.
2. Intent to inflict serious bodily harm: The defendant intended to hurt the victim badly, and the victim died.
3. Abandoned & malignant heart: D acted with a cavalier disregard for human life and a death resulted. D must realize that his conduct is really risky but need not have any intent regarding the outcome of his actions.
4. Felony murder: death occurred during the commission or attempted commission of a dangerous felony – the “BARRK” felonies of burglary, arson, robbery, rape, and kidnapping

Question 4

Felony Murder can involve

Answer 4

i. Someone who resists the felony
ii. When a bystander is killed during a felony
iii. Third person killed by the resister or police officers
iv. Exception: If the jurisdiction applies an “agency” theory instead, the death of a bystander caused by a felony victim or police officer does NOT fall w/i rule
v. If your co-felon is killed by a resister or a police officer, then D is not guilty of felony murder.

Question 5

CL Murder & Intent

Answer 5

1. Common-law murder is a malice crime.

2. It is not a specific-intent crime.

Question 6

CL Murder Defenses

Answer 6

1. Unreasonable mistake of fact is not a defense to malice murder.
2. Voluntary intoxication is not a defense to malice murder.

Question 7

Manslaughter Definition

Answer 7

1. All unlawful killings of another human being that aren’t 1st-degree murder or common-law murder

Question 8

Voluntary Manslaughter

Answer 8

a. Occurs when a D does intend to kill the victim, but acted in the heat of passion or “under extreme emotional disturbance”
b. Test to determine if it’s murder or manslaughter: Is the situation one in which most people would act without thinking and w/o time to cool off
c. Hearing about spouse cheating on you is not sufficient = “heat of passion.”

Question 9

Involuntary Manslaughter

Answer 9

a. A criminally negligent killing or killing of someone while committing a crime other than those covered by felony murder
b. A defendant who engages in criminally negligent conduct that causes a death is guilty of involuntary manslaughter (e.g., traffic deaths).
c. The defendant is engaged in a crime that does not rise to the BARRK level of felony, and as a result of that crime, someone dies