Homicide: Murder Flashcards
Definition of CL murder
Murder is the unlawful killing of another with malice aforethought
Definition of express Malice:
the deliberate intent to kill another
Transferred Intent Doctrine
The intent to kill person A will be transferred to the victim that was actually killed
Elements of Implied Malice
the killing is proximately caused by:
- Dangerous Act
- Conscious disregard to endangering the life of another
What must the prosecution show to convict someone of murder:
Express/implied malice aforethought
Intent to inflict Serious Bodily Harm: Implied Malice
2nd degree murder
Mens Rea: If the person intends to cause grievous bodily injure to another but death results, then malice aforethought would be implied
Gross Recklessness (Malignant/Depraved Heart Murder): Implied malice
2nd degree murder
- D understood and appreciated the risk to life but did it anyways
D commits a reckless act with reasonable anticipation of risk that death or serious bodily injury is likely to occur
Note:
- D must have a conscious disregard for human life
- risk must be unjustifiable
Felony Murder
1st or 2nd degree
Killing committed during the course and in furtherance of the felony. If death occurs during that felony, regardless if intended the death, then counts as a felony-murder
Express Malice: 1st degree murder if
- Premeditated (examples: poison, destructive device or explosion, weapons of mass destruction, lying in wait, torture)
- Willful and Deliberate
- Felony Murder
BARRK
Factors of premeditation (1st degree murder)
- planning
- motive
- exacting nature of the killing
Deliberation (1st degree)
Quality of thought (not due to provocation or heat of passion)
Express Malice 2nd Degree Murder if:
- Intent to kill without premeditation or deliberation
- Felony Murder
Implied Malice: 2nd Degree Murder if
- Intent to inflict grievous bodily harm
- extreme recklessness
