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Crim Law > Homicide crimes > Flashcards

Homicide crimes Flashcards

1
Q

Homicide Crimes

What are the 5 degrees of homicides?

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

1st degree murder

Definition

A
  1. Premeditated killing (some degree of advance planning)
  2. Embodies idea of rational thought (can happen in instant)
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3
Q

2d degree murder

Definition

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

  • Multiple terms that denote malice aforethought
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4
Q

2d degree murder

Three forms of malice aforethought?

A
  1. Intent to kill (w/o premeditation)
  2. Intent to cause serious bodily injury
  3. An abandoned and malignant heart, depraved heart, depraved indifference
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5
Q

2d degree murder

Terms to describe depraved-heart type behavior

A
  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
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6
Q

Voluntary Manslaughter

Definition

A
  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
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7
Q

Voluntary Manslaughter

What are some justifications based on the mental state?

A
  1. Heat of passion
  2. EMED (extreme mental or emotional disturbance)
  3. Provocation
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8
Q

Voluntary Manslaughter

Two concepts that support provocation and EMED

A

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

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9
Q

Involuntary Manslaughter

Definition

A

Homicide committed w/ ordinary recklessness not malice or depravity

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10
Q

Involuntary Manslaughter

Mens rea

A

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

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11
Q

Negligent Homicide

Definition

A

Homicide committed with criminal negligence

Many jx collapse it with involuntary manslaughter

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12
Q

Negligent Homicide

Paradigmatic example of moral luck

A

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

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13
Q

Conduct: Causing Death

Takeaway from Kuntz

A

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

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14
Q

Conduct: Causing Death

Duty for rescuing aggressor?

A

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

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15
Q

Conduct: Causation

How to determine but-for causation

A

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

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16
Q

Conduct: Causation

How to determine proximate causation

A

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

17
Q

Conduct: Causation

What is the eggshell skull doctrine?

A

You take your victim as you find them

18
Q

Conduct: Causation

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

A

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

19
Q

Conduct: Causation

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

A

When it is both extraordinary and sufficiently abnormal

20
Q

Criminal Intent

Takeaway from Coleman went to car to get gun

A

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

21
Q

Criminal Intent

Distinction between 1st and 2d degree murders

A
  1. 1st: calculated and planned
  2. 2d: unplanned or impulsive
22
Q

Criminal Intent

Definition of transferred intent

A

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

23
Q

2d degree murder

How to determine if malice is present

A
  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
24
Q

Felony Murder

Definition

A

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

25
Q

Felony Murder

Takeaway from Billa

A

Burned truck: Qualifying felony results in death = felony murder

If D was not present during commission of felony, may not be liable

26
Q

Common Law Manslaughter

Definition of voluntary manslaughter

A

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

27
Q

Common Law Manslaughter

Takeaway from Acevedeo fight at party

A

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

28
Q

Common Law Manslaughter

Definition of reasonable provocation

A

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

29
Q

Common Law Manslaughter

Sufficient “provoking acts”

A
  1. Violence is sufficient, including mutual combat
  2. “Mere words” are not typically sufficient at common law
  3. Trespass alone is not sufficient
30
Q

Common Law Manslaughter

4-pronged test for provocation

A
  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?
31
Q

MPC §210.3(1)(b)

Differences between common law manslaughter and MPC EMED manslaughter

A
  1. Reasonable time for “cooling off” irrelevant
  2. No category approach to adequacy of provocation
  3. More subjective approach to reasonable person test
32
Q

MPC §210.3(1)(b)

Factors when considering “reasonable person test” for MPC EMED manslughter

A
  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?

33
Q

Reckless manslaughter

Takeaway from Duncan car chase

A

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

34
Q

Negligent Homicide

Takeaway from Cabrera

A

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

Crim Law (11 decks)

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