Homicide

Question 1

Homicide

Answer 1

Killing of a living human being by another human being

Question 2

Causation

Answer 2

Must have ACTUAL CAUSATION and PROXIMATE CAUSATION

Actual causation = “but for”

Proximate causation = Foreseeable cause of victim’s death

Question 3

First-Degree Murder

Answer 3

Specific intent crime

Deliberate and premeditated murder

Often encompasses felony murder

Question 4

CL Murder

Answer 4

(1) Unlawful killing of another human being

(2) With malice aforethought

Question 5

Four Kinds of Malice under CL Murder

Answer 5

(1) Intent to Kill
(2) Intent to Inflict Serious Bodily Harm
(3) Depraved Heart
(4) Felony Murder

Question 6

CL: Intent to Kill

Answer 6

D acted with desire that victim end up dead

Intent can be formed in moment before the killing

Question 7

CL: Intent to Inflict Serious Bodily Harm

Answer 7

(1) D intended to hurt victim badly; and

(2) Victim died

Question 8

CL: Depraved Heart

Answer 8

D acted with cavalier disregard for human life and a death resulted

Question 9

CL: Felony Murder

Answer 9

Death occurred during the commission or attempted commission of a dangerous felony

BAARK Felonies:
    Burglary
    Arson
    Robbery 
    Rape
    Kidnapping

Question 10

Manslaughter

Answer 10

All unlawful killings of another human being that are not first-degree murder or CL murder

Can be voluntary or involuntary

Question 11

Voluntary Manslaughter

Answer 11

D intends to kill victim, but his state of mind is less blameworthy than murder

Acted in the “heat of passion” or “under extreme emotional disturbance”

Question 12

Involuntary Manslaughter

Answer 12

Criminally negligent killing

Killing of some one while committing a crime other than those covered by felony murder