Homicide Flashcards
(23 cards)
what is key to mens rea
Mens rea because it determines the degree of murder
what elements will be the same?
actus reas and causation
No mens rea
not guilty
Intentional murder 1
- mens = intent to cause death AND premeditated and deliberate
Intentional Murder 2
Mens = Intent to kill w/o premeditation, instantanous
(Intentional) Voluntary manslaughter
Mens = intent to kill with adequate provocation (mitigate mens because D was acting in the heat of passion in response to adequate provocation)
Unintentional Murder 1
Mens – P must prove beyond a reasonable doubt D satisfied the elements of the felony (robbery & burglary) and in furtherance of the felony the D caused a victim’s death
– No mens needed only Causation needed between D’s acts and V’s death
– No mens rea needed in connection to killing only for felony
Unintentional murder 2
Mens – recklessness/abandoned and malignant heart/ NY = deprived indifference
Conscience disregard for human life
ALSO form of felony murder 2 = Not enumerated felonies giving rise to murder 1 (bc there are specific § that lists the felonies that are considered felony murder 1)
– AKA anything that is not robbery or burglary and someone dies = unintentional murder 2
Unintentional Manslaughter
Mens – ordinary negligence (gross negligence)
Mens rea for intentional murder
knowledge and intent
Mens rea for unintentional murder
Reckless and negligent
Premediation and deliberation can be present when for D to have sufficient mens rea?
As long as D had intent at the time of the killing for an instinct at the moment they were causing the victim’s death that would be sufficient for premeditation and deliberation
Premeditation requires
Time for consideration
Mens rea is only satisfied for murder 1 when there is time to consider the act
Can premeditation be proved by circumstantial evidence?
yes
Circumstantial evidence is used to try and conclude beyond reasonable doubt to look at someone’s actions and conduct to look into their mind
Jury nullification
- Jury has the power to reach whatever verdict they want to reach
- If they reach a verdict that the law does not support that verdict
- Appellate court can review an unfounded conclusion of a jury
Manslaughter – intentional
- D engages in conduct that kills the victim and they have intent to kill
- But D also would like us to evaluate circumstances before the killing to see if something or someone else occurred that provoked the D’s conduct
- requires the rule of provocation from the V
what provocation is considered sufficient for a manslaughter charge?
Adequate provocation = POSE AN ACTUAL THREAT TO THE VICTIM
Fear of serious bodily harm or even death
are words sufficient for adequate provocation?
no must be accompanied by conduct
Objective
belief to the reasonable person, observer
Subjective
cannot be proven, it is the D’s actual state of mind what the D believed
Express malice
Express = manifested a deliberate intention to take away from human life
Implied malice
Implied = no considerable provocation appears/circumstances attending the killing show an abandoned and malignant heart
