HOMICIDE Flashcards
Common Law Murder
Intent to kill murder : express malice) (concious object to kill another person or virtually certain actions will lead to death/ purposely or knowingly taking another persons life
intent to cause grievous bodily harm (implied malice)
extreme recklessness (depraved heart)
Felony murder
Felony Murder Doctrine
Person is guilty of murder if death results from conduct during commission or attempted commission of a felomy
extends during full commission
FMD Limitations
Inherently dangerous felony: limits application of doctrine to dangerous felonies
Independent felony limitation: merger doctrine, felony must be independent of homicide
Inherently dangerous felony
abstract approach: elements of crime only
as applied approach: evaluating whether crime was COMMITTED in inherently dangerous manner
Approaches to apply FMD to Killing by a non felony
agency approach: if anyone other than a person associated wtih the felon (co conspirators) commits teh homicidal act then the FM D does not apply
proximate causation approach: one can be convicted of any death that is a direct and foreseeable consequence of the actions of those committing the felony - minority rule
Common Law voluntary manslaugher
adequate provocation: conduct that causes a person of average temperament to act out of passion, reasonable person, words alone not enough
heat of passion: actus reus has to occur during the heightened emotional state
cooling off time: evaluates whether a reaonsable person in defenants situation would have caled down
State v. Girouard
stabbed her 19 times after words alone so not enough
MPC Murder
killing that occurs PURPOSELY OR KNOWINGLY
killing caused by RECKLESSLY manifesting extreme indifference to human life
MPC Manslaughter
- reckless killing wihtout extreme inidfference to human life (ORDINARY RECKLESSNESS)
- killing as a result of EMED where there is a reasonable excuse
EMED
two part inquiry
- was the defendant in a state of extreme mental or emotional disturbance when he acted (subjective)
- if so, is there a reasonable explanation or excuse for why the D was in extremely disturbed state (quasi objective)
CL involuntary manslaughter (criminal negligence)
1, criminally negligent killing (gross negligence- failure to live to external standard of care)
- an act committed in an unlawful manner or without due caution that results in death- D is unaware that he has taken substantial and unjustifiable risk tha resulted in death
if a reasonable person in that situation would hav ebeen aware he was taking a risk find criminal liability
- misdemanor manslaughter : unintended death occurring during commission of an unlawful act not amounting to a felony
State v Williams
abscess tooth with baby
found negligence involuntary manslaughter
MPC negligent homicide
third category
gross neg which causes death
First Degree Murder
specific acts (lying in wait, poison) felony murder with specifically enumerated felonies willful act with premeditation and deliberation
Premeditation
quantity of time
process of planning and thinking beforehand
