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Flashcards in Homicide Deck (8)
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1
Q

5 possible guilty verdicts in homicide cases in PA

A
  1. First Degree Murder
  2. Second Degree Murder
  3. Third Degree Murder
  4. Voluntary Manslaugher
  5. Involuntary Manslaughter
2
Q

Malice in First Degree Murder

A
  1. Intentional killing
  2. Premeditation and deliberation are satisfied when there is a conscious, specific intent to bring about the death

Example:

  • killing by poison,
  • killing by lying in wait
  • intentional use of a deadly weapon on a vital part of the victim’s body
3
Q

Second Degree Murder

A

felony murder

∆ kills while engaged (either as principal or accomplice) in the commission of serious felony

4
Q

Felonies for felony murder

A
  1. Burglary
  2. Arson
  3. Robbery
  4. Rape or deviate sexual intercourse by force or threat of force
  5. Kidnapping
5
Q

Where ∆ is an accomplice to felony, ∆ is guilty of felony-murder where:

A
  1. Killing occurs during the commission of or an attempt to one of the listed felonies; and
  2. killing was in furtherance of that felony
6
Q

Third Degree Murder

A
  • ∆ actions show his wanton and willful disregard
  • of an unjustified and extremely high risk
  • that will result in death or serious bodily injury to another

Commonwealth must prove:

  • ∆ took some action while consciously disregarding the most serious risk he was creating; and
  • by that disregard, showed his extreme indifference to the value of human life

3rd degree murder also occurs where death is a result of ∆’s dispensing, prescribing, giving, selling, or distributing controlled substances in violation of PA drug laws

7
Q

Voluntary Manslaughter

A

Intentional killing without malice because:

  1. ∆ acted under an intense passion that was so strong it rendered him incapable of cool reflection; OR
  2. ∆ acts in unreasonable belief that he needed to use deadly force to protect himself or another from death, from serious bodily injury, or from being the victim of a serious felony.
8
Q

Involuntary Manslaugher

A
  • Unintentional killing
  • Committed by reckless or grossly negligent conduct

Reckless conduct occurs when:

  • ∆ is aware of but consciously disregards a substantial and unjustifiable risk that death will result in circumstances where it is grossly unreasonable for him to disregard it

Gross negligence occurs when:

  • ∆ should be aware of a substantial and unjustifiable risk that death will result, the risk being of such a nature that it is grossly unreasonable for the defendant not to recognize it