Murder Flashcards
(22 cards)
What is the general definition of Murder?
Malice homicide of another human being.
Define “Malice” in the context of homicide.
A deliberate, willful, and cruel act committed against another person.
How can malice often be inferred?
Malice can be inferred from the use of a deadly weapon.
What is the role of Motive in proving murder?
Motive is NOT an element of murder, but evidence of motive (like anger, hatred, revenge, etc.) can be used to help establish intent.
What is “Implied Malice” and give an example?
Malice inferred from actions showing an extreme, reckless disregard for human life, even without intent to kill a specific person. Example: Firing multiple gunshots down a street
What are the automatic ways a killing becomes First Degree Murder?
Killings committed by: (1) Poison, (2) Lying in wait, (3) Imprisonment, or (4) Starving
Besides the automatic methods, what is the primary mental state required for First Degree Murder?
The killing must be willful, deliberate, AND premeditated (requiring specific intent to kill).
How quickly can premeditation for First Degree Murder occur?
Very rapidly – potentially as quickly as changing one’s mind about a choice at a drink machine.
If there’s no direct evidence of premeditation, how might it be inferred for First Degree Murder?
Through factors such as the brutality of the attack, the defendant’s lack of remorse, or efforts made to avoid detection after the crime.
Give an example action that satisfies malice and specific intent for First Degree Murder.
Placing a gun directly against the victim’s head before shooting.
What is the Felony Murder rule as it relates to First Degree Murder?
A killing that occurs during the commission of, or attempt to commit, certain specified felonies automatically qualifies as First Degree Murder
Commission of or attempt to commit arson, rape, forcible sodoomy, intimate and animate object sexual penetration, robbery, burglary or abduction
What is the definition of Second Degree Murder?
A killing committed with malice, but WITHOUT the premeditation and deliberation required for First Degree Murder.
What is the default assumption for an unlawful homicide?
It is presumed to be Second Degree Murder (meaning malice is inferred unless proven otherwise or reduced).
In Felony Murder (general concept), what element does the underlying felony supply?
The commission of the felony provides the element of malice.
Give the example provided for 2nd Degree Felony Murder based on child neglect.
A death resulting from felony child neglect where the defendant knew a 14-year-old was severely beating a 4-year-old but did nothing to intervene.
What is the definition of Voluntary Manslaughter?
An unlawful killing of another person committed without malice.
What can potentially reduce a murder charge (which requires malice) to Voluntary Manslaughter (which lacks malice)?
Acting in the “heat of passion” resulting from adequate or “reasonable provocation.”
Do not consider at PC stage
What are the key characteristics of the “heat of passion” for Voluntary Manslaughter?
It must arise from an immediate provocation, causing sudden anger or passion at the time of the killing. It cannot be based on an old grudge.
What is the definition of Involuntary Manslaughter?
An accidental, unintended killing of another person.
What kind of conduct typically leads to Involuntary Manslaughter?
Conduct that is criminally negligent - acting with a wanton, willful, or reckless disregard for the rights and safety of others, where death is a probable result of the act.
List the examples provided for Involuntary Manslaughter.
- A hunting accident (recklessly shooting after hearing rustling).
- Extremely reckless driving (e.g., 80 mph in a 40 mph zone, knowing the area/car risks).
- Driving under the influence (DUI) resulting in a fatal accident.
2nd Degree Felony Murder
- Commission of felony provides malice element
- Death related by time place and casual connection to the felony
- Act by felon must result from effort to further the felony
