Homicide Flashcards
(17 cards)
Definition of homicide
The killing of a human being by another human without justification or excuse
Actus Reus - Homicide
Killing another person
Common law Mens rea - Homicide
Killing of a human with malice aforethought
Malice aforethought
Intentional to kill a human
Intention to inflict grievous bodily injury
Extremely reckless disregard for value of human life (depraved heart)
Intention to commit a felony during the commission or attempted commission of which the death results
Common law manslaughter
Homicide without malice aforethought and without justification or excuse
Sudden heat of passion
Lawful action done in unlawful manner - without due common and circumspection (negligently)
Unintentional killing during unlawful act non felony
Sudden heat of passion - common law
Sudden heat of passion” as the result of adequate provocation (words not enough);
Actor acted in heat of passion;
The passion was the result of adequate provocation (subjective & objective);
Actor did not have reasonable opportunity to cool off; and
Causal link between provocation, the passion, and the homicide.
Felony murder common law
an intentional killing where the intent to kill is imputed, or transferred, from the intent to commit the felony that is the felony-murder predicate.
Burglary, robbery, rape, kidnapping
Does not stand if acquitted of underlying felony
Degrees
First degree murder
Second Degree
Manslaughter
Involuntary
First degree murder
Willful, deliberate, and premeditated” murder; or
Some jurisdictions require meaningful deliberation; in others, “no time is too short” to premeditate.
Committed in a specific way (e.g., “lying in wait”); or
Committed during a listed felony (e.g., burglary, arson, robbery, rape, and kidnapping) (felony murder).
Second degree murder
All other forms of murder not specific in statute as 1st degree
Voluntary Manslaughter
Intentional killing mitigated from murder due to
Provocation; or
(E.g., Aggravated assault or battery; Mutual combat; Commission of a
serious crime against a close relative of defendant; Illegal arrest;
Observation of spousal adultery.)
Subjective (actually and sufficiently enraged); and
Objective (a reasonable person [i.e. of “average disposition, not exceptionally belligerent; sober at the time; and of normal mental capacity] would have been so enraged/provoked and did not have time or opportunity to “cool off”).
Excuse.
Involuntary manslaughter
Malice is absent. Generally established when accused acted with gross negligence or, in some jurisdictions, recklessness.
MPC Murder
Caused death of another unjustifiably, inexcusably, and without mitigating circumstances; and
Recklessly, under circumstances manifesting extreme indifference to the value of human life.
When is recklessness and indifference presumed if in the commission or attempted commission of or flight from
Burglary
Arson
Robbery
Rape
Kidnapping
Felonious escape
MPC Manslaughter
Caused the death of another
Under circumstances that would ordinarily constitute murder but it is committed as the result of “extreme mental or emotional disturbance for which there is a reasonable explanation or excuse.” (provocation - words can be enough)
Reasonableness determined from the “viewpoint of the person in the actor’s situation under the circumstances as he believes them to be.” (subjective)
Actor acted in heat of passion;
The passion was the result of adequate provocation;
Actor did not have reasonable opportunity to cool off; and
Causal link between provocation, the passion, and the homicide
MPC Negligent Homicide
Cause the death of another negligently - common law involuntary manslaughter
Then perform
Causation analysis
