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33 Cards in this Set
- Front
- Back
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The 3 traditional homicide offenses?
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Murder
Voluntary Manslaughter Involuntary Manslaughter |
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Analysis of these offenses
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1. Did D cause death of victim?
2. Did D act with malice aforethought? 3. Was there also adequate provocation? 4. Did D either: a. Act with criminal negligence b. Cause death while committing a misdemeanor? If yes to 1 and 2, then murder, unless... Adequate provocation, then voluntary manslaughter If yes to 1 and no to 2 under question 4, both are involuntary manslaughter if yes. |
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3 kinds of Causation
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1. Factual causation - "but for" acts of D, victim would not have died when and as he actually did die.
2. Year and one day rule- V must die within a year and one day from the infliction of the injury 3. Proximate causation |
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What if there's no causation?
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D is often guilty of attempted murder.
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What is proximate causation?
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1. D intends to cause V's death
2. D factually causes v's death 3. BUT death occurs in an unexpected manner. |
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Rule on Proximate Causation?
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It exists if V's death naturally results from D's actions, even if this occurs in an unexpected manner, unless the events are extremely unusual.
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What if there's a superseding factor interjected into the chain of causation?
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Proximate causation is then lacking.
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What are the elements of a superseding factor?
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1. Independent of D's actions
2. Unforseeable, and 3. Sole immediate cause of V's death. |
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What if D simply "speeds up" and already dying V?
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Then he factually causes the V's death!
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If someone intends to cause a death in one way, but there's a superseding, unexpected way instead, what happens?
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There may be a lack of proximate causation!
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What if the intervening/contributing cause of death is only a contributing factor?
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Then that won't break chain of proximate causation.
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A killing is with malice aforethought and therefore murder if the defendant acted with:
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1. Intent to kill, or
2. Intent to cause serious bodily injury, or 3. Awareness of extremely high risk that death will result, or 4. Intent to commit felony |
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Intent to KILL is not...
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necessary for the offense of murder. One of the other intents/malice mental states is ok.
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What is the general rule for Felony Murder?
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Accidental deaths caused during commission of a felony are murder.
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What are the requirements for Felony Murder?
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1. The death must have been forseeable, OR
2. The felony must have been dangerous as committed. |
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Are all co-felons guilty of a felony murder?
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Yes, if the death was forseeable to them.
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What is the Merger Rule?
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Felony murder can't be based on felony assault/battery causing death of the victim.
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Why aren't all co-felons guilty of felony murder?
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B/c a death during a felony may be forseeable to some of the felons but not to others.
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What if the fatal shot was not fired by one of the felons (such as by a security guard)?
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Most courts unwilling to apply felony murder.
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What is an unlucky felon?
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Courts are most reluctant to apply felony murder where the person killed is one of the felons.
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What are Degrees of Murder?
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Some statutory provisions divide murder into degrees.
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What category do most killings with malice aforethought fall into?
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Second degree murder.
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Which murders fall into first degree murder?
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Certain felony murders.
Premeditated killings. |
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What is premeditation?
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It requires some conscious deliberation over whether or not to kill.
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What if a provoking incident is not quite enough to reduce a killing to voluntary manslaughter?
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That means it may show an absence of premeditation.
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What are the elements of Voluntary Manslaughter?
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It is an intentional killing that would otherwise be murder is reduced to voluntary manslaughter if 3 things are shown:
1. objectionably reasonable provocation 2. that actually caused the defendant to kill the victim; and 3. D acted on that before an objectively sufficient cooling period elapsed |
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What is insufficient provocation as a matter of law for voluntary manslaughter?
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"Mere words"
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Elements of Involuntary Manslaughter
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Defendant killed either:
1. In the course of committing a misdemeanor, or 2. With criminal negligence |
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How much negligence is needed for criminal liability?
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More negligence than civil liability!
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Can criminal liability sometimes rest upon a person's failure to act?
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Yes, liability for an omission.
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When is an omission sufficient for criminal liability?
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1. When the D has a legal duty to act.
2. D was aware of the facts giving rise to a duty to act, and 3. Performing the duty was possible D must also have necessary intent. |
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When will D's legal duty to act arise?
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1. Criminal law
2. Tort law 3. Contract law 4. Any other body of law |
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Where D has no legal duty to act...
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Criminal liability cannot rest upon D's failure to take action.
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