Homicide Flashcards
(13 cards)
Homicide
Homicide = there’s a dead body
TWO types of Homicide:
1) Murder
OR
2) Manslaughter
What are the ways to commit Murder?
= there are FOUR types of Murder:
- Intent to Kill
- Intent to Inflict Serious Bodily Harm
- Felony Murder
- Depraved Heart Murder
Intent to Kill
= type of Murder → RULE:
(1) premeditated killing, AND
(2) specific intent to kill
*TIP: NEVER infer there’s a Specific Intent to kill - Facts will clearly indicate whether there was specific intent
Intent to Inflict Serious Bodily Harm
= type of Murder → RULE: Perp had intent to do serious (“grievous”) bodily harm, but ultimately causes the Victim to die** despite **NO intent to kill
E.g., Jon wants to break Dan Marino’s legs with baseball bat.
*TIP: NEVER infer there’s a Specific Intent to kill - Facts will clearly indicate whether there was specific intent
Felony Murder
= type of Murder → RULE: while Perp is committing a dangerous felony, a death occurs
“dangerous felony” = these crimes:
- Burglary
- Arson
- Rape
- Robbery
- Kidnapping
Depraved Heart Murder
= type of Murder → RULE: Perp acted with reckless disregard to an unjustifiably high risk to human life, and a death occurs
“reckless” = Perp knew OR should’ve known that someone could die, and Perp did it anyway
What are the ways to commit Manslaughter?
= there are TWO types of Manslaughter:
- Voluntary Manslaughter
- Involuntary Manslaughter
Does Manslaughter require Intent?
= NO – Intent has NOTHING to do with Manslaughter!!!!
(for Defenses, Manslaughter is a General Intent crime)
Voluntary Manslaughter
= RULE:
1) Adequate Provocation which put Perp in the…
2) Heat of Passion, AND
3) Perp had no time to cool off
E.g., Perp comes home and finds wife in bed with another man. Perp whacks the man on the head with a lamp, killing man.
*Imperfect Self-Defense = another form of Voluntary Manslaughter
**for Defenses, Voluntary Manslaughter is a General Intent crime
Involuntary Manslaughter
= negligent conduct causing a death
*Parent Neglecting a Child = another form of Involuntary Manslaughter
**for Defenses, Involuntary Manslaughter is a General Intent crime
What’s the difference b/t…
Depraved Heart Murder vs. Involuntary Manslaughter?
-
Depraved Heart Murder → “recklessness” = PEOPLE are present
- “reckless” = Perp knew OR should’ve known that people could die, and Perp did it anyway
- E.g., At noon, Perp drops bowling ball off Empire State Building onto 5th Ave. to see if it would bounce. There were many people walking below, and the bowling ball killed one.
-
Involuntary Manslaughter → “negligence” = NO PEOPLE are present
- E.g., At midnight, Perp drops bowling ball off Brooklyn Bridge into River to see how big the splash would be. A barge passed underneath and the bowling ball killed the captain.
Imperfect Self-Defense
Imperfect Self-Defense is… → Voluntary Manslaughter
RULE: a Person…
(1) is using excessive force** to **defend himself,
(2) he honestly believes** this is the **only way he can do it, AND
(3) he ends up killing person he was defending himself from
Parent Neglecting a Child
Parent Neglecting a Child is… → Involuntary Manslaughter
= when a parent does not give care to his child
E.g., parent doesn’t give child medicine, surgery, treatment, etc. & child dies
