Homicide

Front 1

Homicide

Back 1

The killing of a human caused by another.

1. Killing

2. Causation

Actual ('but for"') and proximate (foreseeable)

3. Mens Rea

If malice, then murder. If no malice, then involuntary manslaughter.

Front 2

Common Law murder (malice)

Back 2

4 ways to establish malice

1. Intent to kill

2. Intent to do serious bodily harm

3. Wanton / depraved heart - reckless indifference for the quality of human life

4. Felony Murder

Front 3

Felony murder

Back 3

Malice is implied from the intent to commit the underlying felony

Must be foreseeable and am inherently dangerous felony

Front 4

Inherently dangerous felonies (5 +3)

Back 4

1. Burglary
   
2. Arson
   
3. Rape
   
4. Robbery
   
5. Kidnapping
6. Mayhem
   
7. Sodomy
   
8. Sexual Molest
   

Front 5

Defenses to felony murder

Back 5

1. Any defense to underlying felony

2. Killing not foreseeable

3. Point of temporary safety

4. Redline rule

- not liable for death of co-felon by police/victim

5. felony not independent of the killing (i.e. felony = battery will merge)

Front 6

First Degree Murder

Back 6

The law elevates some kinds of murder to first degree as a penalty enhancement.

3 categories of first degree murder

1. Felony murder

2. Premeditation- a subset of "intent to kill"

3. Use of poison or torture or bomb or ambush ("lying in wait")

Front 7

First Degree Murder

defenses

Back 7

Specific Intent Crime so specific intent defenses

1. Voluntary intoxication

2. Any mistake of fact

Front 8

Second Degree Murder

Back 8

All murder not elevated by statute to first degree (everything other than first degree).

Mental requirement is common law malice (Malice aforethought)

No specific defenses apply.

Front 9

Defenses

Back 9

Justifications

Excuses

Mitigation

Front 10

Justifications

Back 10

Defense of self or others

Crime Prevention

Necessity

Front 11

Excuses (3 i's)

Back 11

Infancy

Insanity

Intoxication

Front 12

Mitigation

Back 12

1. Heat of passion
   
2. Imperfect self-defense
   
3. Mistaken justification
   
4. Diminished capacity
   

Front 13

Heat of passion

Back 13

1. adequate provocation
   
2. gave rise to heat of passion
   
3. with no adequate cooling off
   
4. defendant did not cool off
   

Front 14

If homicide and no malice

Back 14

1. Criminal Negligence

2. Misdemeanor Manslaughter

Front 15

Criminal Negligence

Back 15

Requires a gross deviation from the standard of care & requires awareness of the risks

(-- this is a much higher standard than that of a "reasonably prudent person" in tort negligence.)

Front 16

Misdemeanor Manslaughter

Back 16

Unintentional death arising out of a criminal act that is not a felony