Killings

Question 1

Murder

Answer 1

MURDER: killing w/ malice aforethought

• 1st: (i) premed + delib and (ii) felony murder
• 2nd: (i) intent kill, (ii) intent cause serious bodily injury, (iii) reckless indiff. to high risk death (depraved <3)
• Vol MS: intentional killing mitigated by (i) adequate provocation or (ii) imperfect SD
• Invol MS: kill w/ gross negligence or during misdemeanor

Question 2

Felony Murder

Answer 2

BARRRK Felony (burglary, arson, robery, rape, kidnap)

• Killing foreseeable in course of felony until temp safety
• defense to felony = defense to killing
• TP kills co-felon: not liable
• TP kills innocent: liable under prox. cause theory (not agency theory)

Question 3

Vol MS

Answer 3

1. Adequate Provocation: arouse passion in ord. person (obj.) + provoked (subj.) + no time to cool down (obj.) + didn’t cool down (subj.)
2. Imperfect SD: genuine but unreasonable belief needed to use deadly force in SD