Homicide

Question 1

two ways someone can get dead?

Answer 1

1. Homicide
2. Manslaughter

Question 2

Four definitions of common law murder?

Answer 2

1. Intent to kill
2. Intent to inflict great bodily harm
3. Felony murder
4. Depraved heart

Question 3

Intent to kill common law murder?

Answer 3

I want to kill marino. I find him, i kill him.

Question 4

Intent to inflict great bodily harm?

Answer 4

I wack Marino in the knee hoping it breaks, but he dies. When you want to inflict great bodily harm onto someone, and it kills them.

Question 5

Felony murder

Answer 5

While in the court of committing a dangerous felony, there is a death.

BARRK felonies

Cant be too long after the felomy is committed

Question 6

What are the BARRK felonies?

Answer 6

The type of felonies you can get felony murder for.

Burglary, arson, rape, robbery, kidnapping.

Question 7

How long after a felony is committed can you get felony murder?

Answer 7

If they seem to be testing you on the in the course of committing the felony prong, choose that answer. Dont think.

Question 8

Depraved heart?

Answer 8

1. Acted with reckless disregard of human life.
   1. Recklessness means should or have known that someone could have died

            2. With malice = reckless

Question 9

Types of manslaughter?

Answer 9

Voluntary or involuntary

Question 10

Voluntary manslaughter?

Answer 10

Adequate provocation which put your in the heat of passion and you had no time to cool off.

Mere words do not create enough provocation.

EX: come home to see your wife with another man.

Not acting with intent

Question 11

Involuntary manslaughter

Answer 11

1. Acted negligently and someone died
2. OR committed a misdemeanor and someone died as a result
3. NOT ACTING WITH INTENT

Question 12

Crim reckless example

Answer 12

1. 12 o’clock noon drop a bowling ball of empire state building to make it bounce and someone dies
   1. Depraved heart murder (recklessness)
   1. The presence of people will tell you in reckless

Question 13

Crim negligent example

Answer 13

2. 4 in the morning drop a bowling ball off Brooklyn bridge to see if it’ll float and kill someone
   1. Negligent
3. If you’re alone then it is just negligent
4. Shouldn’t have done it, but no reason to think someone would have been there

Question 14

Degrees of murder for intentional killings (STATE MPC)

Answer 14

1. First degree murder
2. Voluntary manslaughter

Question 15

First degree murder? (MPC)

Answer 15

An intentional killing with premeditation and deliberation

I.E. Poisoning

Question 16

Voluntary manslaughter (MPC)

Answer 16

An intentional killing of a human being in the heat of passion due to adequate provocation (wife in bed)

IMPERFECT SELF DEFENSE

                    1. if someone is defending themselves but using excessive force but honestly believe the need to use excessive force and kill someone, they will be guilty of voluntary manslaughter

Question 17

Unintentional killings (MPC)

Answer 17

1. second degree murder
2. Involuntary manslaughter

Question 18

Second degree murder (MPC)

Answer 18

1. extreme recklessness (shoot gun into crowded room)
2. intentional infliction of great bodily harm and death results (cut off someones legs and they die)
3. Catchall: d is not guilty of first degree murder but acts with malice

Question 19

Involuntary murder? (MPC)

Answer 19

1. a killing do you gross negligence
   1. Parent does take kid to hospital for religious reasons
2. A killing during a misdemeanor or non-violent felon

Question 20

Felony Murder? (MPC)

Answer 20

1. Commits a felony and someone dies during the commission of the murder
   1. Must be inheritantly dangerous,
   1. Burgerly, Arson, robbery, rape, kidnapping

       2. Must be causation 
                1. Agency theory felon or his agent (co-felon) must case the death. 
                2. Proximate cause theory felon is liable so long as he sets in motion  the acts that led to death 
   
        3. Not liable for bystanders death but are liable for co-felon deat