Murder Flashcards
(24 cards)
Intent-to-Kill Murder
A person who, without justification or excuse, intentionally causes the death of another human being
Intent-to-Kill Murder
MENS REA
MR exists when D purposely or knowingly kills / D consciously desires to kill or makes the resulting death inevitable
Intent-to-Cause-Serious-Bodily-Injury Murder
A person who, with an intent to inflict SBI, causes the death of that human (unintentional killing, second degree murder)
Intent-to-Cause-Serious-Bodily-Injury Murder
MENS REA
Can arise from a conscious desire or substantial certainty that the D’s actions will result in the V’s injury
Depraved Heart Murder
D engages in extremely reckless conduct that causes another person’s death (unintentional killing, second degree murder)
Depraved Heart Murder
MENS REA
Exists when D acts with extreme recklessness, which is characterized by a wanton indifference to human life and a conscious disregard of an unusually high risk of death or SBI
Felony Murder
When D commits an inherently dangerous felony (or predicate F as designated by statute) and, during the commission or attempted commission of this F, proximately causes the death of another (first degree murder)
Felony Murder
MENS REA
F-M is a strict liability crime, so there needs to be no culpable mental state specific to the killing itself. Malicious nature of a F-M is based upon the D having the MR consistent with an inherently dangerous F
Felony Murder
INHERENTLY DANGEROUS FELONY
Majority of Js apply a contextual test, looking at the particular circumstances of the case to determine whether the underlying offense should be considered inherently dangerous
BARRK = Burglary, Arson, Robbery, Rape, and Kidnapping
Felony Murder
PROXIMATE CAUSE
The resulting death must be a foreseeable outgrowth of the D’s actions
Majority – Agency Theory = only a death caused by the D or co-felons can be the basis for a F-M conviction
Minority – Redline Limitation = deaths caused by non-felon can be the basis of a F-M only if the killing was not justifiable or excusable (e.g., co-felon is shot and killed by the police during the commission of the robbery – surviving co-F not subject to F-M)
Felony Murder
TIMING
F starts when D could be convicted of attempting the underlying F and continues even while felon is in immediate flight from the scene. F is complete once D has reached a place of temporary safety
Felony Murder
INDEPENDENT PREDICATE FELONY RULE
Most states will apply F-M only when the underlying F is independent of the homicide so that every felonious attack on an individual which proves fatal does not become escalated by the F-M rule
Felony Murder
MERGER RULE
When the felony is not independent of the homicide, the F merges into the appropriate homicide charge, and D is guilty of only the homicide
Murder RULE
The unlawful killing of a human being with malice aforethought
First-Degree Murder RULE
Intent-to-kill murder committed with premeditation and deliberation
First-Degree Murder
PREMEDITATION
A fully formed conscious desire or purpose to kill. G must show that D acted with the requisite intent or knowledge and that such intent or knowledge existed for a period of time permitting reflection
Second-Degree Murder RULE
Any murder that does not count as first-degree M
Manslaughter RULE
The unlawful killing of another person accomplished in the absence of malice
Voluntary Manslaughter RULE
When D, without justification, intentionally causes the death of another human in mitigating circumstances that are adequate to negate malice aforethought
Voluntary Manslaughter
ADEQUATE PROVOCATION
(a) the circumstances of the killing must be such that, when considered objectively, a reasonable person would lose self-control,
(b) a causal connection must exist between the legally adequate grounds for provocation and the provocation subjectively experienced by the killer, and
(c) the time period between the provocation and the intentional killing must not be long enough for a reasonable person to have cooled off or for the killer to have subjectively cooled off
Voluntary Manslaughter
IMPERFECT SELF-DEFENSE
(a) the D killed in self-defense but did so after having started the altercation
(b) the D killed in self-defense but did so after the initial aggressor had withdrawn from the attack, or
(c) the D killed in good-faith but ultimately mistaken belief that serious harm was imminent and deadly force was necessary
Involuntary Manslaughter RULE
When D unintentionally causes the death of another person through criminally or grossly negligent conduct or by an unlawful act other than a predicate F for F-M
Involuntary Manslaughter CRIMINALLY NEGLIGENT MANSLAUGHTER
A reckless disregard for the high risks created by one’s conduct
Involuntary Manslaughter
UNLAWFUL ACT MANSLAUGHTER
Pursuant to the misdemeanor manslaughter rule, a person has committed involuntary M when he intended to commit an unlawful act other than an inherently dangerous F and the commission of this unlawful act unintentionally but proximately caused the death of another
