Crimes Against the Person Homicide Flashcards Preview

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Flashcards in Crimes Against the Person Homicide Deck (16):
1

Year-and-a-Day Ruel

  • Majority/Georgia--> death may occur any time
  • Common Law--> death must occur w/in a year-and-a-day of the homicidal act 

2

Common Law Murder (same as in GA)

  • Causing the death of another person with malice aforethought
  • Satisfied by any of the four mental states
    • intent to kill
    • intent to inflict serious bodily harm
    • Extreme recklessness, meaning reckless indifference to human life 
    • Intentional commission of an inherently dangeous felony
  • Intent to Kill Murder
    • Deadly weapon--intentional use of a a deadly weapon creates an inference of an intent to kill
    • Transferred Intent 

3

Transferred Intent

  • IF a defendant intends to harm one victim, but accidentally harms a differnet victim instead, the defendant's intent will transfer from the intended victim to the actual victim
    • applies to murder but can also apply to crimes like battery and arson 
  • EXCEPTION: does not apply to attempts--only to crimes with completed harms 

4

Felony Murder (Common Law)

  • Any killing caused during the commission of or attempt to commit a felony
  • Common limitations on felony murder
    • D must be guilty of the undelying felony
    • felony must be inherently dangrous (GA says any dangerous felony)
    • Merger: must be independent of the killing (not recognized in GA)
    • Res Gestae: Must take place during the felony or during the flight from the felony. Once the felon reachs a place of safety, felony ends.
    • Death must be foreseaable 
    • Cannot be a co-felon
  • Vicarious Liability

5

Merger Rule

Felony msut be independent of the killing (meaning that aggravated assault cannot be the felony)

not recognized in GA

6

Res Gestae 

Kiling must take place during the felony or during the flight from the felony. Once the felon reaches safety, felony ends.

7

Vicarious Liability

Proximate Cause

Agency Theory

8

Proximate Cause Theory

Most states, including Georgia, if one of the co-felons proximately causes the victim's death, all of the other co-felons will be guilty of felony murder, even if the actual killing is committed by a 3P 

9

Agency Theory

IN some states, felony murder doctrine applies only if hte killing is committed by one of the co-felons 

10

Murder (statuotry variations)

Most states (not Georgia) have two degrees of murder by statute:

  1. First degree murder--any killing committed with premidatation and deliberation 
  2. Second Degree Murder--All other intentional murders 

11

Murder in Georgia

Follows the common law but adds that all murder is punishable by death or life-in-prison

12

Feticide

IN GA, commit crime of feticide when one causes the death of a fetus at any stage of development 

  • willfully through injury to the mother that would constitute murder if it were to result in the mother's death OR
  • during the commission of a felony

Life in prison

 

13

Voluntary Manslaughter (definition)

A killing committed intentionally in the head of passion upon adequate provocation

14

Voluntary Manslaughter (Requirements)

Four Requirements

  • 1) Adequacy: provocations must be objectively adequate--> it would arouse a sudden and intense passion in the mind of a reasonable person
    • E.g. serious assualt or battery; presently witness adultery 
  • 2) Actual: defendant was actually provoked 
  • 3) Timing: defendant did not have time to cool off--objective 
  • 4) Continuance: Defendant did not actually cool off between provocation and killing--subjective 
  •  

15

Involuntary Manslaughter (type 1-crime) 

A killing commited during the commission of a crime to which the felony murder doctrine does not apply

Georgia--unlawful act mansalughter 

16

Involuntary Manslaughter (T2--Reckless/Negligence)

Unintentional killing committed

Common Law: with criminal negligence (gross dviation from a reasaonble standard of care) 

MPC/Modern: with recklessness