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Flashcards in Homicide Deck (16):


dead body; killing of another


Homicide can be either _____ or _____

murder or manslaughter, but not both


MURDER -- when you see a q John is on trial for murder -- be thinking of four definitions/types

(1) intent to kill murder
(2) intent to inflict serious bodily harm
(3) felony murder
(4) Depraved heart


intent to kill murder

-- specific intent here; how will you know on mbe -- they will tell you


intent to inflict serious bodily harm

(wanted to badly injure him but he died as a result of that)


felony murder

(while in the course of committing a dangerous felony, there is a death) --
BARRK (burglary, arson, rape, robbery, kidnapping)


Depraved heart

(acted with reckless disregard to human life ; reckless means knew or
shouldve known someone couldve died but I acted anyway)


Manslaughter -- two types

Voluntary and involuntary


voluntary manslaughter

adequate provocation
which put you in a heat of passion
and you had no time to cool off ---never mention the word intent with voluntary manslaughter


invol manslaughter

criminal negligence and someone died; you acted negligently and someone died;
you committed a misdemeanor and someone died as a result that's also enough for invol
--never mention intent


Difference between acting recklessly v. acting negligently
is imp because

imp because it differentiates depraved heart murder or involuntary manslaughter


how do you know reckless conduct in the facts?

presence of people, raises the conduct level
where you should've known --depraved heart
if I'm by myself -- most likely negligent conduct --involuntary manslaughter


No matter what they describe in the fact pattern -- if they say -- if charged with murder, will john be

NEVER pick an answer about manslaughter. Once you know what the issue is, your
answer must be connnected to that, so it has to be about one of the four kinds of murder. You
wont agree with every conclusion they come up with, shut up and pick it.


DEGREES of murder

Once in a while, it'll tell you in the facts, that murder in the 1st degree is defined as..etc. etc.
Once you see in the hypo that they're giving you a statute, now you apply your statutory lang --
they're taking the four types of murder and the two types of manslaughter, and they're putting it in


Imperfect self defense

if someone is defending themselves but they are using excessive force
however they honestly believe they need to use excessive force in defending themselves and they
kill someone, they will be guilty of VOLUNTARY manslaughter


WEird hypo about parent neglecting care for child because of religious reasons (parent wont take to hospital; dont
believe in modern medicine) ...pick what?

pick invol manslaughter