Homicide

Question 1

3 Traditional Homicide Offenses

Answer 1

1) murder
2) voluntary manslaughter
3) involuntary manslaughter

Question 2

Homicide Analysis

Answer 2

1. Did D “cause” death of victim?
2. If #1 answered “yes,” did D act with “malice aforethought?” [if so, murder unless –]
3. If #1 and # 2 answered “yes,” was there also adequate provocation? [if so, voluntary manslaughter]
4. If # 1 answered “yes” and # 2 answered “no,” did D either
   
   • act with criminal negligence? [involuntary manslaughter]
   • cause death while committing misdemeanor? [involuntary manslaughter]

Question 3

Murder

Answer 3

A killing is with “malice aforethought” and therefore murder if the defendant acted with:

1. intent to kill; or
2. intent to cause serious bodily injury; or
3. awareness of extremely high risk that death will result (“abandoned and malignant heart” doctrine or “depraved mind” murder); or
4. intent to commit a felony.

Question 4

Intent to Kill for Murder

Answer 4

• If D acted with one of other malice mental states, intent to kill is not necessary for murder.
• Knowingly engaging in high risk activity can be malice.

Question 5

Felony murder general rule

Answer 5

General Rule: Accidental deaths caused during commission of a felony are murder.

Question 6

Felony murder

Cofelon liability

Answer 6

All cofelons are guilty of a felony murder, if the death was foreseeable to them.

Question 7

Felony Murder Merger Rule

Answer 7

• Felony murder cannot be based on felony assault (or battery) causing death of victim (“merges” into death of victim).

Question 8

Voluntary Manslaughter Elements

Answer 8

• An intentional killing that would otherwise be murder is reduced to voluntary manslaughter if three things are shown:
  
  1. objectively reasonable provocation;
  2. this actually caused the defendant to kill the victim; and
  3. D acted on that before an objectively sufficient cooling period elapsed.
• Some situations insufficient “as a matter of law”: best example—“mere words.”

Question 9

Involuntary Manslaughter Elements

Answer 9

A killing is involuntary manslaughter if the defendant killed either:

1. in the course of committing a misdemeanor; or
2. with criminal negligence.

Question 10

Virginia Homicide Offenses

Answer 10

1. Capital Murder
2. First Degree Murder
3. Second Degree Murder
4. Felony Murder
5. Felony Homicide

Question 11

VA Capital Murder

Answer 11

Willful, deliberate, and premeditated murder committed under 14 different aggravating circumstances.

Question 12

VA First Degree Murder

Answer 12

• Poison
• Lying in wait
• Imprisonment
• Starvation; or
• Any wilful, deliberate, and premeditated killing that does not fall within capital murder.

Question 13

VA Second Degree Murder

Answer 13

• All murder is presumed to be second degree murder.
  
  • The burden is on the prosecution to elevate it to first degree or capital murder
  • the burden is on the defense to reduce it to manslaughter.
• Second degree murder consists of all murder that is neither capital nor first degree.

Question 14

VA Felony Murder

Answer 14

Any murder committed, whether intentional or accidental, during the commission of or during an attempt to commit:

• Arson
• Rape
• Forcible sodomy
• Robbery
• Burglary
• Abduction
• Inanimate/animate object sexual penetration

Question 15

VA Felony Murder Treatment

Answer 15

treated as first degree murder

Question 16

VA felony murder causation

Answer 16

• A death that results not from actions of the felon, or
• from acts directly calculated to further the felony or necessitated by the felony,
• but from circumstances coincident to the felony, is not a felony murder.

Question 17

VA Felony Homicide

Answer 17

1. The accidental killing
2. contrary to the intention of the parties
3. while committing some non-enumerated felonious act.

Question 18

VA Felony Homicide Causation

Answer 18

In determining whether a felony homicide has been committed, the critical factor is the existence of a causal connection between the felony and the accidental killing.

Question 19

VA Voluntary Manslaughter

Answer 19

• Unlawful killing without malice (heat of passion)
  
  • Example: A killing committed during mutual combat, in the heat of which the defendant struck a blow that killed the decedent.

Question 20

VA Involuntary Manslaughter

Answer 20

A killing of one accidentally, contrary to the intention of the parties, either:

• During the performance of some unlawful but not felonious act; or
• During the performance of a lawful act amounting to criminal negligence.