Homicide

Question 1

Murder

Answer 1

Murder is the unlawful killing of a human being with malice aforethought.

Question 2

Malice aforethought

Answer 2

Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing it (that is, giving rise to a defense) and it was committed with one of the following states of mind:
* Intent to kill
* Intent to inflict great bodily injury
* Reckless indifference to an unjustifiably high risk to human life
(“abandoned and malignant heart” or “depraved heart”); or
* Intent to commit a felony

Question 3

First Degree Murder

Answer 3

A murder will be second degree murder (similar to common law murder) unless it comes under the following circumstances, which would make it first degree murder

Question 4

Types of First Degree Murder

Answer 4

Premeditated First Degree Murder
First Degree Felony Murder
Second Degree Murder
FELONY MURDER

Question 5

Premeditated First Degree Murder

Answer 5

If the defendant made the decision to kill in a cool and dispassionate
manner and actually reflected on the idea of killing, even if only for a
very brief period, it is first degree murder.

Question 6

Felony Murder

Answer 6

a killing committed during the commission of an enumerated felony is felony murder and called first degree murder. The felonies most commonly listed are burglary, arson, rape, robbery,
and kidnapping, but other felonies that are inherently dangerous
to human life are often specifically added.

Question 7

Second Degree Murder

Answer 7

If the jurisdiction divides murder into degrees, second degree murder
is usually classified as a depraved heart killing (a killing done with a
reckless indifference to an unjustifiably high risk to human life) or any
murder that is not classified as a first degree murder.

Question 8

FELONY MURDER

Answer 8

Any death—even an accidental death—caused in the commission of,
or in an attempt to commit, a felony is murder. Malice is implied from
the intent to commit the underlying felony.

Question 9

Voluntary manslaughter

Answer 9

Voluntary manslaughter is a killing that would be murder but for the
existence of adequate provocation.

Question 10

Provocation

Answer 10

Provocation is adequate only if:
* It was a provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing them to lose self-control (for example, exposure to a threat of deadly force, finding your spouse in bed with another, or being a victim of a serious battery)
* The defendant was in fact provoked
* There was not sufficient between provocation (or provocations)
and the killing for passions of a reasonable person to cool;
and
* The defendant in fact did not cool off between the provocation
and the killing

Question 11

INVOLUNTARY MANSLAUGHTER

Answer 11

A killing is involuntary manslaughter if it was committed:
* With criminal negligence (or by “recklessness” under the M.P.C.)
or
* In some states, during the commission of an unlawful act (misdemeanor
or felony not included within felony murder