Common Law Murder

Question 1

Common Law Murder

Answer 1

The unlawful killing of another with malice aforethought. Make sure that the defendant’s voluntary act or omission - that constitutes the actus reus of the crime - to act is the proximate cause of the killing.

Malice Aforethought
Implied Malice
Expressed Malice

Question 2

Expressed Malice

Answer 2

Requires the intent to kill, or the intent to inflict serious or grievous bodily injury - and the person commits an act that will bring about this result

Question 3

Implied Malice

Answer 3

Don’t necessarily intend to hurt someone, but your actions are still at a high likelihood of bringing about death or grave bodily injury.

Example: depraved heart murder

Felony Murder is a type of implied malice - felony murder requires an inherently dangerous felony

Question 4

Murder at common law

Answer 4

requires malice

Question 5

At common law, a person commits a killing with malice aforethought if he does so with any of the following mental states:

Answer 5

1. Intent to Kill (usually the standard for 1st degree)
2. Intent to inflict grievous bodily injury
3. reckless indifference to an unjustifiably high risk to human life (depraved heart murder)
4. intent to commit a felony (felony murder rule)

Question 6

Felony Murder Rule

Answer 6

A person is liable for CLM if there is a death of a person from conduct during the commission or attempted commission of any felony

Question 7

Limitations on the Felony Murder Rule

Answer 7

1. Inherently Dangerous Felony
2. Merger Limitation: The underlying felony must be distinct from the killing itself
3. Time + Distance Limitation
4. Logical Connection Limitation: There must be a “logical nexus” between the felony and the homicide

Question 8

BARRK: Felony Murder

Answer 8

Burglary
Arson
Rape
Robbery
Kidnapping