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Homicide - Crim Law
| Term | Definition |
|---|---|
| What are the Intentional Killings under MPC? | - Intentional Murder - Manslaughter (EMED) |
| What are the Intentional Killings under Common Law? | - 1st Degree Murder - 2nd Degree Murder - Voluntary Manslaughter |
| What are Unintentional Killings under MPC? | - Unintentional (Extreme Reckless) Murder - Manslaughter (Reckless) - Negligent Homicide |
| What are Unintentional Killings under Common Law? | - 1st Degree Unintentional Murder (Felony Murder enumerated) - 2nd Degree Unintentional Murder (Felony Murder not enumerated) - Involuntary Manslaughter |
| What is Intentional Murder under Common Law? | - 1st Degree - Intent to kill with pre meditation and deliberation - 2nd Degree - Intent to kill without premeditation / deliberation |
| What is Intentional Murder under MPC? | Murder - purpose/knowledge killing |
| what is premeditation and deliberation? | Premeditation: Contemplation of undertaking any activity prior to action (i.e. think about beforehand) Should I kill X?Deliberation: The reflection, pondering, and weighing of the consequences of any action. Weighing pros/cons, evaluating consequences |
| What are the Forrest Factors for premeditation/deliberation? | - Provocation by deceased -Conduct and statements by defendant before accident -Threats made before/during the occurrence, - Previous difficulty between the parties, - lethal blows after killing, - Evidence of killing done in brutal manner |
| What is Voluntary Manslaughter under CL? | Intent to Kill while in a HOP and upon adequate provocation |
| What are HOP/provocation questions to ask? | HOP 1) Was D in a hop? 2) Would a reasonable person have been in a hop? 3) Was there cooling off time? Provocation: 1) Was D provoked? 2) Would a reasonable person have been provoked? 3) Was the provocation legally adequate? |
| are words enough to be provocation under CL? | Words are not enough, generally, UNLESS - Accompanied by conduct indicating intention and ability to cause bodily harm (Girouard) - But this is not a hard rule, and some courts defer in varying ways |
| What is Intentional Manslaughter under MPC? | EMED Killing 1) Subjective component D must have “acted under the influence of extreme emotional disturbance,” and 2) Objective/Subjective component There must have been “a reasonable explanation or excuse” for such extreme emotional disturbance. |
| For EMED Killing how is reasonableness determined? | Reasonableness of explanation determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be.” |
| How does MPC differ than CL in Intentional Murder? | MPC more flexible than CL - Words alone can be enough to mitigate to manslaughter - Allows “cooling off” time - No explicit limit on characteristics to be considered (up to judges) |
| What is Unintentional Murder under CL? | 1st 1) FM (Death during commission of enumerated felony) 2nd: intent to cause great bodily harm 1) abandoned and malignant hear (conc. disregard for human life) 2) depraved heart (awareness of high prob of sub and unjustifiable risk 3) felony murder |
| What Is Unintentional Manslaughter under CL? | 1) Involuntary Manslaughter - Gross Negligence/REcklessness results in accidental death of another 2)Misdemeanor Manslaughter - Killing committed in course of a misdemeanor |
| What is Unintentional Murder under MPC? | Unintentional Murder (Extreme Reckless) - Recklessness manifesting extreme indifference to value of human life. Factfinder may infer extreme recklessness from enumerated felonies No FM but enumerated can be used to imply recklessness |
| What is Unintentional Manslaughter under MPC? | 1) Unintentional Manslaughter: Reckless Killing - Concious disregard of a substantial and unjustifiable risk 2) Negligent Homicide: negligence (gross/criminal negligence) no awareness of risk, creates substantial and unjustifiable risk |
| What is Felony Murder and what does it Require? | Under CL only - Unintentional killing committed during the commission or attempted commission of a felony - a work around for a mental state requirement - Requires Mental state for underlying felony NOT for death, (Strict liability) |
| What is the purpose of FM? | - Safer Felons - Deter people from acting dangerously while committing felonies |
| What are FM Limits? | Inherently Dangerous Felony Limit Merger Limit Res Gestae Doctrine 3rd Party Killer Doctrine |
| What is FM Inherently Dangerous Felony Limit | If a felony can be committed without creating a substantial risk of death to another, it is not inherently dangerous. Abstract Test: look at statute and if there is a way to commit felony in safe way Facts of the Case: usually always dangerous bc death |
| What is FM Merger Limit Test? (aka independent felony) | When felony involves threat of immediate violent injury, merges with homicide Is felony integral or included in fact with the homicide? No: FM If yes, does felony have an independent, felonious purpose? No: merges, no FM; Yes: FM |
| What is FM Res Gestae Doctrine Test? | Homicide must occur during the furtherance of the felony - Not technically “during” crime but part of continuous transaction (in course of act) - Even after felony is over (ex. escape from the scene) |
| What is FM 3rd Party Killer Test? | - Agency Doctrine: maj rule look at who shot. resp. if bad guy shot - Prox. Cause (someone died?): look at deadly result, if someone died probably prox cause - NJ Rule (good or bad guy died?) look at who dies. responsible for only deaths of good guys |
| What is Felony Murder under MPC? | No felony murder; but recklessness can be inferred from enumerated crimes 1) Robbery 2) Rape 3) Arson 4) Burglary 5) Kidnapping 6) Felonious escape no misdemenaor manslaughter under mpc |
| Explain FM limits? | The limitations on Felony Murder (Inherently Dangerous/Merger) create two parameters between which the felony-murder rule exists: the felony must be inherently dangerous but NOT assaultive |
Created by:
hollymurphy8
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