CrimLaw—Homocide

Question 1

In a sentence, define “homicide.”

Answer 1

The killing of a person by another person.

TIP: homicide crimes are often classified differently under common law and modern statutes.

Question 2

In a sentence, define “common law murder.”

Answer 2

The unlawful killing of a human being with malice aforethought.

TIP: malice aforethought may be established through various states of mind, either express or implied.

Question 3

How do modern statutes typically classify murder?

Answer 3

By degree (i.e., first-or second-degree murder).

Question 4

In a sentence, define “second degree murder.”

Answer 4

2nd degree murder includes all homicides committed w/malice aforethought, but fall short of 1st-degree murder (i.e., not necessarily w/deliberation and premeditation).

Question 5

What is “voluntary manslaughter?”

Answer 5

Heat of Passion

A type of CL homicide, occurs when one kills another person in the heat of passion (i.e., w/adequate provocation).

TIP: CL murder is reduced to voluntary manslaughter when facts contain adequate provocation.

Question 6

What’s “involuntary manslaughter?”

Answer 6

A CL homicide defined as unintended killing that was either:

1. Caused by the D’s criminal neglect; OR
2. Occurred during the commission of an unlawful act.

TIP: if the felony murder doctrine does not o/w apply, a killing may be charged as involuntary manslaughter.

Question 7

Which 4 states of mind can establish malice aforethought?

Answer 7

A D’s guilty of CL murder if he kills someone w/any of the following types of malice, including:

1. Intent to kill (EXPRESS malice);
2. Intent to inflict great bodily harm (IMPLIED malice);
3. Abandoned and malignant heart, or reckless disregard to an unjustifiably high risk to human life (IMPLIED malice).
4. Felony murder rule/Intent to commit a felony (IMPLIED malice).

TIP: although “malice aforethought” was a CL term, it is also used in many modern statutes.

Question 8

What is the legal standard for “imperfect self defense”?

Answer 8

Imperfect self-defense is a doctrine that reduces murder to manslaughter if the D:

1. Was at fault (i.e., initial aggressor); OR
2. Honestly, but unreasonably believed hat deadly force was necessary.

TIP: This is a CL doctrine that some states still recognize as a way of reducing a murder charge to manslaughter.

Question 9

In a sentence, define “felony murder.”

Answer 9

The unlawful killing of another human being while engaged in the commission or attempted commission of an enumerated felony.

TIP: D must have the intent to commit the underlying felony to be guilty of felony murder.

Question 10

What is the “deadly weapon rule”?

Answer 10

When a D intentionally uses a deadly weapon and kills someone, the court may presume that they acted w/the intent to kill.

TIP: A “deadly weapon” is any object calculated or likely to result in death or serious bodily harm.

Question 11

What is the 4-part legal standard for “adequate provocation”?

Answer 11

Adequate Provocation requires that;

1. The type of provocation would cause a reasonable person to suddenly lose control and act impulsively;
2. The D was in fact provoked;
3. Any interval of time between the provocation and the killing did not last long enough to cool the passions of a reasonable person (i.e., no time to reflect): AND
4. The D did not cool off during the time between the provocation and the killing.

Question 12

What are the 5 predicate felonies of felony murder under CL?

Answer 12

1. Burglary;
2. Arson;
3. Robbery;
4. Rape; AND
5. Kidnapping

TIP: BARRK

Question 13

HYPO: if a killing occurs after the termination of a felony, will the D be liable for felony murder?

Answer 13

No. The death must occur during the commission of the felony for the D to be held liable. Deaths caused while fleeing will qualify, but once the D reaches a place of temporary safety the felony is terminated for purposes of felony murder.

Question 14

What are the 3-categories of homicide under common law?

Answer 14

CL homicide includes:

1. Murder;
2. Voluntary manslaughter; AND
3. Involuntary manslaughter

TIP: when answering a homicide question, first determine whether to apply CL or Modern Statutory rules; the applicable statutory language is typically provided in the facts.

Question 15

What two types of killing are typically considered “first degree murder”?

Answer 15

Two most common types include:

1. Premeditated and deliberate killing; AND
2. Felony Murder—murder committed during the commission of an enumerated felony.

TIP: in some jurisdictions, murder accomplished by lying in wait, poison, terrorism, or torture also constitutes 1st-degree murder.

Question 16

What’s required to prove foreseeability in the context of felony murder?

Answer 16

Any death caused during the commission of the felony must have been a foreseeable result of the underlying felony crime.

Question 17

HHHYPO: If a D commits a felony by killing another, and it is not independent from another felony, will they be liable for felony murder?

Answer 17

“Abandoned and malignant heart/Depraved heart murder is an unintentional killing resulting from conduct involving a reckless indifference to an unjustifiably high risk to human life.

Question 18

What’s the “misdemeanor-manslaughter” rule?

Answer 18

Under this rule, an unintentional killing that occurs during the commission or attempted commission of a misdemeanor that is malum in se (i.e., conduct that is inherently wrong), or of a felony which is not inherently dangerous is categorized as involuntary manslaughter.

Question 19

In a sentence, define “depraved heart/abandoned and malignant heart” murder.

Answer 19

Unintentional killing resulting from conduct involving a reckless indifference to an unjustifiably high risk to human life.

Question 20

In a sentence, define the causation requirement of a homicide charge.

Answer 20

Causation requires that the D’s action was the actual (but-for) and proximate (foreseeable) cause for the resulting death.