Criminal Law - Homicide

Types of homicide (worst to bad)

1. Premeditated murder

2. Felony murder

3. Impulse murder

4. Depraved heart murder

5. Voluntary manslaughter

6. Involuntary manslaughter

7. Negligent homicide

Mens rea for premeditated murder

Willful (purpose), premeditated, deliberate

Mens rea for felony murder

Mens rea for the requisite felony

Big 5 felonies for felony murder

BARRK — Burglary, Arson, Robbery, Rape, Kidnapping

5 limitations on felony murder

1. Inherently dangerous felony

2. Independent felonious purpose

3. Furtherance of the felony

4. Proximate causal connection

5. Agency

Approaches for determining an “inherently dangerous felony” for felony murder

1. BARRK

2. Circumstance (majority) approach

3. Abstract (minority) approach

Independent felonious purpose (majority rule)

The felony in a felony murder must be independent of the killing; the felony cannot be assaultive in nature.

Furtherance of the felony

A killing for a felony murder must happen in the attempt, commission, or immediate flight from the felony.

Proximate causal connection

The death in a felony murder cannot be an abnormal, unforeseeable death.

Felony murder attribution limitation (majority)

The killing in a felony murder must be attributed to the defendant or someone acting as his agent.

Felony murder attribution limitation (minority)

The defendant is held responsible for any killing that occurs during the felony.

Example of the felony murder attribution limitation (minority) rule

A police officer kills the defendant’s co-felon and the defendant is charged with the co-felon’s murder.

Mens rea for impulse murder

Willfulness (purpose)

________ provocation escalates voluntary manslaughter to an impulse murder.

Inadequate

________ provocation in a sudden heat of passion de-escalates impulse murder to voluntary manslaughter.

Adequate

Adequate provocation is ruled by the ________ standard.

reasonable person

Adequate provocation elements

1. Must cause a sudden heat of passion

2. The defendant was, in fact, provoked.

3. A reasonable person would have had insufficient time to cool off between the provocation and the killing.

4. The defendant did not, in fact, cool off.

Mens rea for involuntary manslaughter (majority)

Recklessness (conscious disregard of a substantial and unjustifiable risk)

Mens rea for negligent homicide (majority)

Criminal/gross negligence

Mens rea for depraved heart murder

Extreme recklessness (conscious disregard of an extreme substantial and unjustifiable risk)

What types of homicide fall under 1st degree murder?

1. Premeditated murder

2. Felony murder

What types of homicide fall under 2nd degree murder?

1. Impulse murder

2. Depraved heart killing

3. Murder with the intent to cause great bodily harm

Mens rea for involuntary manslaughter (minority)

Criminal/gross negligence

Mens rea for negligent homicide (minority)

Simple negligence

Independent felonious purpose (minority)

The felony must only be “inherently dangerous”; it does not matter if the felony is independent of the homicide.