Homicide*

Question 1

Common Law Murder

Answer 1

Murder: Unlawful killing of a human being with malice aforethought
* Intent to kill (1st Degree Murder)
* Intent to inflict great bodily injury (2nd Degree Murder)
* Reckless indifference to an unjustifiably high risk to human life (2nd Degree Murder)
* Intent to commit a Felony (1st Degree Murder)

Question 2

First Degree Murder (Common Law)

Answer 2

Premeditated Killing:
* Victim must be human
* D acted with intnent or knowledge conduct would cause death

Felony Murder:
* Any killing, even accidental, committed during a felony

Homicide of a Police Officer:
* D must know victim is law enforcement officer
* Victim acting in line of duty

Question 3

Second Degree Murder (Common Law)

Answer 3

Killing with reckless indifference to an unjustifiably high risk to human life
* Also classified as depraved heart killing

Question 4

Felony Murder (Common Law)

Answer 4

Any killing, even accidental, committed during a felony
* BAARK felonies: Burglary, Arson, Robbery, Rape. Kidnapping
* If D has defense to underlying felony, they have a defense to felony murder

There are several limitations on this rule:
1. The defendant must have committed or attempted to commit the underlying felony; a defense that negates an element of the underlying offense will also be a defense to felony murder.
2. The felony must be distinct from the killing itself (for example, commission of aggravated battery that causes a victim’s death does not qualify as an underlying felony for felony murder liability).
3. Death must have been a foreseeable result of the felony (a minority of courts require only that the felony be malum in se).
4. The death must have been caused before the defendant’s “immediate flight” from the felony ended; once the felon has reached a place of “temporary safety,” subsequent deaths are not felony murder.
5. In most jurisdictions, the defendant is not liable for felony murder when a co-felon is killed as a result of resistance from the felony victim or the police.

Under the “proximate cause” theory, felons are liable for the deaths of innocent victims caused by someone other than a co-felon. Under the alternative “agency” theory of felony murder, the killing must be committed by a felon or their “agent” (that is, an accomplice) with limited exceptions in cases in which the victim was used as a shield or otherwise forced by the felon to occupy a dangerous place.

Question 5

Voluntary Manslaughter

Answer 5

Killing in heat of passion, resulting from an adequate provocation by victim
* Adequate Provocation: Would arouse sudden and intense passion in mind of ordinary person
* D was in fact provoked
* *Not sufficient time *between provocation and killing for passions of reasonable person to cool

Question 6

Voluntary Manslaughter - Imperfect Self Defense

Answer 6

D has honest but unreasonable belief that life was in imminent danger = Murder reduced to manslaughter
* Only recognized by some states

Question 7

Involuntary Manslaughter

Answer 7

Killing committed with criminal negligence (MPC = Reckless)
* Killing committed during commission of unlawful act (misdemeanor) (not BARRK)

Question 8

Causation

Answer 8

Cause-in-Fact: Death would not have occurred but for D’s conduct

Proximate Cause: D is responsible for all results that occur as natural and probable consequence of conduct