Homicide (MBE)

Question 1

Common law murder

Answer 1

unlawful killing with malice aforethought

Intent:
* intent to kill
* intent to inflict great bodily injury
* reckless indifference to an unjustifiably high risk to human life
* intent to commit a felony

Question 2

Felony murder

Answer 2

any death caused in the commission of or in an attempt to commit a felony

felony must be distinct from the killing itself

Question 3

First degree murder

Answer 3

• A deliberate and premeditated killing
• first degree felony murder (BARRK - burglary, arson, rape, robbery, kidnapping)

Question 4

Second Degree Murder

Answer 4

• Murder that is not first degree
• Depraved heart murder (reckless indifference to an unjustifiably high risk to human life

Question 5

Voluntary Manslaughter

Answer 5

would be murder but for the existence of adequate provocation:
* provocation that would arouse sudden and intense passion
* defendant was in fact provoked
* not sufficient time for a reasonable person to cool
* defendant in fact did not cool off

Question 6

Involuntary Manslaughter

Answer 6

Killing committed either:
* with criminal negligence
* during commission of an unlawful act (not felony)