Homicide Flashcards
(17 cards)
When someone is killed, what are the two types of crimes potentially implicated?
- Murder
- Manslaughter
Define murder at common law.
The unlawful killing of a human being with malice aforethought.
When does malice aforethought exist at common law?
When there are no facts reducing the killing to voluntary manslaughter or excusing it
AND
It was committed with one of the following states of mind
* Intent to Kill (1)
* Intent to Inflict Great Bodily Injury (2)
* Reckless Indifference to an Unjustifiably High Risk to Human Life (2)
* Intent to commit a felony (1)
At common law, what states of mind qualify for 1st degree murder?
- Intent to Kill
- Intent to Commit a Felony (Felony Murder)
Under statutory classifications, a murder will be a second degree murder UNLESS one of the following applies, which elevates it to first degree murder:
- Deliberate + Premeditated
- Felony Murder (BARRK)
- Others by Jurisdiction (e.g., torture, killing police officer)
What must be known for deliberate and premeditated murder (1st)?
- D made a decision to kill in a cool and dispassionate manner; and
- Actually reflected on the idea of the killing
For which felonies is a killing committed in its commission 1st degree murder?
Burglary
Arson
Robbery
Rape
Kidnapping
What is the other name for second degree murder?
Depraved heart killing
What is the intent standard for second degree murder?
Reckless indifference to an unjustifiably high risk to human life
Or any murder that is not classified as 1st degree murder
Is an accidental death caused in the commission of (or in an attempt to commit) a felony murder?
Yes
1st degree if BARRK
What are the limitations on the felony murder rule?
- A defense that negates an element of the underlying offense will also be a defense to felony murder.
- The felony cannot be the killing itself.
- Death must have been foreseeable
- The death must have been caused before D reached temporary safety.
- D is not liable if co-felon gets killed by the victim or police.
Are felons liable for the deaths of innocent victims caused by someone other than a co-felon?
Agency Theory = NO (majority)
Proximate Cause Theory = YES
What is voluntary manslaughter?
A killing that would be murder but for the existence of adequate provocation.
What constitutes adequate provocation?
- Provocation would arouse sudden and intense passion in the mind of an ordinary person, causing them to lose self-control
- D was in fact provoked
- There was insufficient time between provocation and the killing for passions of a reasonable person
- D in fact did not cool off between the provocation and the killing
What is the imperfect self-defense doctrine?
Some states recognize
Murder may be reduced to manslaughter even though (1) D started the altercation or (2) D unreasonably or honestly believed in the necessity of deadly force
What is involuntary manslaughter?
A killing committed:
- With criminal negligence (aka reckless under MPC); OR
- (some states) During the commission of an unlawful act
D’s conduct must be the _______ and the ______ of the victim’s death.
Actual Cause (death would not have occurred but-for D’s act)
Proximate Cause (natural and probable consequences of D’s acts)
