Initial Outline - Homicide

Question 1

What are the elements of murder?

Answer 1

1. Unlawful killing of another human being

2. With malice aforethought

Question 2

How can malice in homicide be shown?

Answer 2

1. Intent to kill
2. Intent to do serious bodily injury + unintentional killing
3. Reckless indifference to human life
4. Felony murder

Question 3

What is felony murder?

Answer 3

Unintended but foreseeable killing caused by commission / attemp of inherently dangerous felony (BARRK)

Question 4

What is outside the scope of felony murder?

Answer 4

1. Death of bystander caused by victim / police
2. Co-felon’s death by victim / police
3. Death after flight from scene

Question 5

What is the difference between first degree murder and common law murder?

Answer 5

First degree is specific intent while second degree is malice

Question 6

What is voluntary manslaughter?

Answer 6

1. Homicide
2. Malice aforethought
3. Mitigating circumstances (eg: heat of passion, imperfect defense)

Question 7

What is involuntary manslaughter?

Answer 7

1. Unintentional homicide

2. Criminal negligence / during unlawful act

Question 8

What is criminal negligence?

Answer 8

1. Grossly negligent action

2. Puts another person at significant risk of serious injury / death