MURDER, Inc. Flashcards
Common law definition of Murder
The unlawful killing of a human being with malice aforethought
What are the four types of common law murder?
- Intent to Kill
- Intent to cause serious bodily injury
- Depraved Heart Murder
- Felony Murder
What is “intent to kill”
Any conduct that is the legal cause of death coupled with the actual intent to kill constitutes intent to kill murder. An inference of intent to kill may be made if a deadly weapon was used intentionally.
What is “intent to cause serious bodily injury”
A person who has the intent to cause serious bodily injury or “grievous bodily harm” but actually succeeds in killing is guilty of murder.
What is depraved heart murder?
A killing that results from reckless action by a defendant that manifests an extreme indifference to human life is a depraved-heart murder.
What is felony murder?
An unintended killing proximately caused by and during the commission of an inherently dangerous felony.
What are the inherently dangerous felonies under the felony murder rule?
BARRK:
Burglary Arson Rape Robbery Kidnapping
Can a person be charged with Burglary and Murder under the felony murder rule for the accidental shooting death of a homeowner during a burglary?
No, the underlying felony merges into the crime of felony murder.
(A minority of jurisdictions allow such cumulative punishment)
What is the felony murder rule for the death of a bystander?
It depends on if the agency theory, or the proximate cause theory is applied:
Agency Theory: Felon not liable for a death caused by police or a felony victim, because neither is felon’s agent
Proximate Cause Theory: Liability may attach because death is a direct consequence of the felony. (Majority position)
What is voluntary manslaughter?
voluntary manslaughter is a murder committed in response to adequate provocation (heat of passion)
What is involuntary manslaughter?
involuntary manslaughter is an unintentional homicide committed with criminal negligence or during an unlawful act.
What is the criminal negligence standard for IVM?
Crim. Negligence is a grossly negligent action that puts another person at a significant risk of serious bodily injury or death. More than ordinary negligence, but less than depraved heart murder.
