Homicide crimes

Question 1

Homicide Crimes

What are the 5 degrees of homicides?

Answer 1

1. 1st degree murder
2. 2d degree murder
3. Voluntary manslaughter
4. Involuntary manslaughter
5. Negligent homicide

Question 2

1st degree murder

Definition

Answer 2

1. Premeditated killing (some degree of advance planning)
2. Embodies idea of rational thought (can happen in instant)

Question 3

2d degree murder

Definition

Answer 3

1. Impulsive - not premeditated
2. Committed with malice aforethought
3. Intent to cause serious bodily injury

• Multiple terms that denote malice aforethought

Question 4

2d degree murder

Three forms of malice aforethought?

Answer 4

1. Intent to kill (w/o premeditation)
2. Intent to cause serious bodily injury
3. An abandoned and malignant heart, depraved heart, depraved indifference

Question 5

2d degree murder

Terms to describe depraved-heart type behavior

Answer 5

1. Extremely reckless
2. Devoid of regard for life of others
3. Devoid of socially redeeming value
4. Extreme indifference to the value of human life

Question 6

Voluntary Manslaughter

Definition

Answer 6

1. Intentional killing
2. Done in the heat of passion
3. Due to an event considered to be
4. Adequate provocation or EMED (MPC)
5. For which there is reasonable explanation or excuse

Question 7

Voluntary Manslaughter

What are some justifications based on the mental state?

Answer 7

1. Heat of passion
2. EMED (extreme mental or emotional disturbance)
3. Provocation

Question 8

Voluntary Manslaughter

Two concepts that support provocation and EMED

Answer 8

Homicides are less blameworthy when they:
1. Are the product of intense passion
2. Are prompted by the victim’s aggression/wrongdoing

Question 9

Involuntary Manslaughter

Definition

Answer 9

Homicide committed w/ ordinary recklessness not malice or depravity

Question 10

Involuntary Manslaughter

Mens rea

Answer 10

Ordinary recklessness - unintentional killing while consciously disregarding a substantial and unjustifiable risk

Question 11

Negligent Homicide

Definition

Answer 11

Homicide committed with criminal negligence

Many jx collapse it with involuntary manslaughter

Question 12

Negligent Homicide

Paradigmatic example of moral luck

Answer 12

2 different people speeding under same conditions
1. Hits a child and is guilty of negligent homicide
2. Hits no one and is guilty of speeding

Only difference is consequence - same wrongful conduct

Question 13

Conduct: Causing Death

Takeaway from Kuntz

Answer 13

Partners lived together: 6 year relationship created personal relationship duty, D created partner’s peril

Question 14

Conduct: Causing Death

Duty for rescuing aggressor?

Answer 14

No requirement to assist an aggressor after justifiably using force against them.
* Duty to summon aid can be revived once victim has fully exercised right to seek and secure safety from harm

Question 15

Conduct: Causation

How to determine but-for causation

Answer 15

But-for D’s conduct, would the consequence have occurred?

Question 16

Conduct: Causation

How to determine proximate causation

Answer 16

Was D’s conduct a direct and substantial cause of the consequence?

Question 17

Conduct: Causation

What is the eggshell skull doctrine?

Answer 17

You take your victim as you find them

Question 18

Conduct: Causation

How to determine if an intervening cause broke the chain of causation

Answer 18

Was the intervening cause unforeseen and unforeseeable - then it was superseding
* Acts of god break the chain
* 3d party bad actors break the chain
* Medical negligence does not break the cahin
* Acts by victim typically do not break the chain

Question 19

Conduct: Causation

When does victim’s conduct break the chain of causation?

Answer 19

When it is both extraordinary and sufficiently abnormal

Question 20

Criminal Intent

Takeaway from Coleman went to car to get gun

Answer 20

Fight that led to D shooting victim: State had to prove that D “reflected on his resolution to kill, and that the decision to kill was the product of cool reflection”

Passage of time is not dispositive

Question 21

Criminal Intent

Distinction between 1st and 2d degree murders

Answer 21

1. 1st: calculated and planned
2. 2d: unplanned or impulsive

Question 22

Criminal Intent

Definition of transferred intent

Answer 22

Intent to kill one person may transfer to another unintended victim (may also be guilty of attempt if 1st person survives)

Question 23

2d degree murder

How to determine if malice is present

Answer 23

1. Express: Deliberate intention to kill a human
2. Implied:
   * Resulted from intentional act
   * Natural consequences of act are dangerous to life and
   * Act was performed with knowledge of the danger to and with conscious disregard for human life

Question 24

Felony Murder

Definition

Answer 24

Causes death as a result of the intentional commission of a felony inherently dangerous to human life

Question 25

# Felony Murder Takeaway from *Billa*

Answer 25

Burned truck: Qualifying felony results in death = felony murder | If D was not present during commission of felony, may not be liable

Question 26

# Common Law Manslaughter Definition of **voluntary manslaughter**

Answer 26

Intentional killing + plus reasonable provocation (sometimes called "heat of passion")

Question 27

# Common Law Manslaughter Takeaway from *Acevedeo* fight at party

Answer 27

provocation defense is unavailable if the motivation is not connected to the provocation

Question 28

# Common Law Manslaughter Definition of **reasonable provocation**

Answer 28

Provocation that would have been likely to produce, in an ordinary person, such a state of passion, anger, fear, fright or nervous excitement as would eclipse his capacity for reflection or restraint | Refers to emotional state *not* conduct

Question 29

# Common Law Manslaughter Sufficient "provoking acts"

Answer 29

1. Violence is sufficient, including mutual combat 2. "Mere words" are not typically sufficient at common law 3. Trespass alone is not sufficient

Question 30

# Common Law Manslaughter 4-pronged test for **provocation**

Answer 30

1. Reasonable provocation: would reasonable person have become upset, scared, angry, etc. 2. Actual provocation: was D actually upset, scared, etc? 3. Would a reasonable person have cooled off? Time/space 4. Did D actually cool off?

Question 31

# MPC §210.3(1)(b) Differences between **common law manslaughter** and **MPC EMED manslaughter**

Answer 31

1. Reasonable time for "cooling off" irrelevant 2. No category approach to adequacy of provocation 3. More subjective approach to reasonable person test

Question 32

# MPC §210.3(1)(b) Factors when considering "reasonable person test" for **MPC EMED manslughter**

Answer 32

1. Personal handicaps 2. Idiosyncratic moral values unique to the actor are not considered | Can loss of self control be understood in terms that arouse sympathy?

Question 33

# Reckless manslaughter Takeaway from *Duncan* car chase

Answer 33

Thought they were being chased: being aware of the risk and the justifiability of the risk are separate and distinct inquiries

Question 34

# Negligent Homicide Takeaway from *Cabrera*

Answer 34

Took corner too fast: something extra must transpire to transform regular speeding into dangerous speeding