Homicide Flashcards
(10 cards)
Homicide
Common Law Murder
The common law definition of murder is the killing of another human being with malice aforethought. The hallmark of murder is malice - withouth malice, there is no murder. Malice aforethought describes murders that are committed with evil intent and premeditation. Malice aforethought will be satisfied if any of the following are present: an intent to kill, and intent to inflict serious bodily harm, a reckless indifference to human life, or killing someone during the commission of an inherently dangerous felony.
Remember that if you shoot someone that is already dead, that is not murder.
Also remember that for attempted murder, NOTHING LESS THAN AN INTENTION TO CAUSE THE DEATH WILL SUFFICE – IF D’S INTENT WAS TO CAUSE BODILY HARM WHICH WAS LIKELY TO CAUSE DEATH, THIS IT NOT SUFFICIENT FOR A CHARGE OF ATTEMPTED MURDER.
Homicide
Transferred Intent
Under the doctrine of transferred intent, if a defendant intends to harm one victim but accidentally harms another instead, the defendant’s intent transfers to the actual victim. The defendant is still guilty of the same crime as if they had harmed the intended target. This applies only to completed crimes, not attempt, and is most commonly used in homicide, battery, and arson cases.
Applies to murder and manslaughter.
IF THERE IS AN INTENT TO DELIBERATELY (AND PREMEDITATED) KILL A PERSON, BUT YOU MISS THAT PERSON AND KILL ANOTHER PERSON INSTEAD, THE DOCTRINE OF TRANSFERRED INTENT APPLIES TO THE PERSON YOU ACTUALLY KILLED (EVEN IF YOU DIDN’T MEAN TO KILL THAT PERSON).
Homicide - Intended Killings
First Degree Murder
Murder in the first degree is either an intended killing that was premeditated and deliberate (a murder planned for its own sake) or felony-murder. The prosecutor must prove that there was an intent to kill, a cool mind (no rage, fear, or passion), and premeditation.
Homicide - Intended Killings
Second Degree Murder
Anything that is not first degree murder is second degree murder, which is the unlawful killing of another with malice aforethought without premeditation or deliberation.
It can also involve killings that were committed with extreme recklessness or depraved indifference to human life.
Homicide - Intended Killings
Voluntary Manslaughter
Just because there is intent, does not mean it is murder. Voluntary manslaughter, for instance, can occure when a defendant kills in the heat of passion. There must be provocation, passion, and no time for the defendant to “cool down.”
Therefore, the mental state of intent to kill may have additional mitigating factors that reduce the offense.
Examples: kicking in the groin can amount to AP (any serious battery constitutes adequate provocation).
Homicide - Unintended Killings
Depraved Heart Killing
A depraved heart killing involves an act that shows extreme recklessness or indifference to the value of human life. The defendant doesn’t have the specific intent to kill, but their actions create a unjustifiably high risk of death and they act with a complete disregard for that risk.
Majority = defendant must have actually realized there was a danger. Minority = a reasonable person would have recognized the danger.
Example: pointing a gun at someone with your hand on the trigger consistutes depraved heart.
Homicide - Unintended Killings
Involuntary Manslaughter
Involuntary manslaughter is the unintentional killing of another person as a result of criminal negligence or recklessness. No intent to harm is required, but a higher level of negligence or recklessness is required than that necessary in civil cases for wrongful death. “Criminal negligence” is a substantial deviation from the standard of care that a reasonable person would have used.
A defendant acts recklessly when he acts with a conscious disregard of a substantial and unjustifiable risk that a material element of a crime will result from his conduct.
Homicide - Unintended Killings
Felony Murder
A felony-murder is one committed during the perpretration of a felony or serious offense, such as burglary, arson, rape, robbery, or kidnapping. The felony must be independent of the killing itself.
Homicide - Unintended Killings
Misdemeanor Manslaughter
Misdemeanor manslaughter is an unintentional death accompanying an unlawful act (such as a felony not inlcuded under the felony-murder test or a misdemeanor punishable by less than one year in jail).
MISDEMEANOR MANSLAUGHTER IS A THEORY UNDER INVOLUNTARY MANSLAUGHTER.
Homicide
Model Penal Code Murder
Model Penal Murder may be satisfied by any of the following: killing committed purposely or knowinfly, killing committed recklessly with extreme difference, or killing during the commission of an inherently dangerous felony.
MPC Manslaughter is just defined as reckless killing or killing under extreme emotional or mental disturbance. MPC doesn’t have “involuntary manslaughter,” but it does have “negligent homicide,” which is essentially the same thing.
