Murder Flashcards
Common Law Murder
Common law murder is unlawful killing of a human being with MALICE AFORETHOUGHT
Malice aforethought exists where D has:
* intent to kill
* intent to commit serious bodily harm (satisfied by use of gun or other deadly weapon)
* reckless indifmference to an unjustifiably high risk to human life
* killing in commission of inherently dangerous felony (or attempt to commit) - BARRK (no liability though if non-felon kills co-felon)
D’s act must proximately cause victim’s death.
Felony Murder: Under agency theory, D not liable when innocent party killed unless D or his agent killed him
First Degree Murder
Defined by statute as
* (a) murder committed with premeditation and deliberation, where D made decision to kill in a cool and dispassionate manner and actually reflected on idea of killing, even if for a brief period
* (b) murder committed during commission of enumerated felony (felonies listed in first degree murder statute are usually inherently dangerous felonies)
Second Degree Murder
All murders that aren’t first degree murders; similar to common law murder (except for felony murder)
Second degree murder is one where D has:
* intent to kill
* intent to commit serious bodily harm
* reckless indifference to an unjustifiably high risk to human life
* intent to commit an inherently dangerous felony that is not enumerated in first degree murder statute
Voluntary manslaughter
Intentional murder mitigated to voluntary manslaughter due to adequate provocation (heat of passion killing)
* (a) provocation is sufficient to arouse such sudden/intense passion that an ORDINARY person would lose control in that situation
* (b) person IS in fact provoked
* (c) not enough time for reasonable person to cool off
* (d) person DIDN’T in fact cool off
Provocation: mere words alone are NOT enough to constitute adequate provocation
Imperfect Self-Defense
Defenses
Defenses Negating Criminal Capacity
* Insanity (M’Naghten, Durham, Irresistible Impulse)
* Voluntary/Involuntary Intoxication
* Infancy
* Diminished Capacity
Justification Defenses
* Self-Defense/Defense of Others, Dwelling, Property
* Duress
* Crime Prevention (other for felony)
* Arrest by police
Defense - Self Defense
Imperfect Self Defense
Intentional killing committed in self-defense is justified. Self-defense requires:
* (i) D was without fault
* (ii) D was confronted with unlawful force, and
* (iii) D reasonably believed he was facing imminent death or great bodily harm
* deadly force must be reasonable and necessary
Imperfect Self-Defense - might reduce murder to manslaughter
* D at fault for starting altercation, OR
* D unreasonably but honestly believed it was necessary to respond with deadly force
NO DUTY TO RETREAT (majority)
Self-Defense - Defendant is initial aggressor
Can’t assert self-defense as justification unless:
* defendant initial aggressor withdraws
* defendant initially used non-deadly force and attacker now it using deadly force
If D can safely retreat, must do so before using deadly force.
Defense of Another
Majority Rule: D can use reasonable deadly force to defend others if the victim reasonably appears to have right to use deadly force
* D must reasonably believe person defended would be justified in defending himself
Minority Rule: D steps into shows of person defended
Resisting Arrest: only nondeadly force allowed if improper arrest and D doesn’t know it’s cop
Voluntary Intoxication
Self-induced intentional taking of substance known to be intoxicating WITHOUT duress.
* Defense to specific intent crimes
Specific Intent Crimes
* Inchoate: Attempt, Solicitation, Conspiracy
* Person: Assault, Premeditated/Deliberate 1st Degree Murder
* Property: Larceny, Robbery, Burglary, Embezzlement, False Pretenses, Forgery
Involuntary Intoxication
Taking of substance:
* (a) under duress
* (b) without knowledge of effects
* (c) person took medicine prescribed by doctor but wasn’t told of effects
Involuntary intoxication treated as mental illness and insanity tests are applied
Insanity Tests
If D is found insane under applicable insanity test, D is acquitted
M’Naghten Test:
* Because of mental disease, D was unable to understand wrongfulness of actions or the nature/quality of actions
Irresistible Impulse Test:
* Because of mental disease, D was unable to control actions or conform conduct to the law
Durham Test:
* Crime was product of mental disease and D would never have committed it but for the disease.
American Law Institute/Model Penal Code Test:
* Because of mental disease, D lacked substantial capacity to (ii) appreciate wrongfulness of actions or (ii) conform conduct to the law [combination of M’Naghten test and Irresisitible Impulse test)
Diminished Capacity
Partial defense where mental illness SHORT of insanity can be asserted to specific intent crimes to MITIGATE culpability/reduce charge to lesser offense.
Duress
D reasonably believed another person would imminently inflict death or serious bodily harm on D or D’s family if D didn’t commit crime
* NOT AVAILABLE FOR HOMICIDE
Involuntary Manslaughter
Intent to inflict slight bodily injury
Criminal negligence: “gross deviation” from standard of care of reasonable person
Defense of Property
Dwelling: nondeadly force allowed against unlawful entry
* Deadly force allowed for self-defense or to prevent felony
