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15 Terms
1
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What is the most serious degree of criminal homicide of which the husband may be convicted?
Murder.
2
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Why can the husband be convicted of murder?
Because he intentionally killed another human being with malice aforethought.
3
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What is common-law murder?
The unlawful killing of another human being with malice aforethought.
4
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What form of malice aforethought did the husband possess?
The intent to kill.
5
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What are the four states of mind that constitute malice aforethought?
(1) Intent to kill; (2) intent to inflict great bodily injury; (3) reckless indifference to an unjustifiably high risk to human life; or (4) intent to commit a felony.
6
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Does the victim’s consent generally constitute a defense to homicide?
No. Consent is generally not a defense to homicide.
7
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Does the wife’s request to be killed prevent the husband from being convicted of murder?
No. Her consent does not excuse the intentional killing.
8
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Does a compassionate motive negate malice aforethought?
No. A compassionate motive does not negate the defendant’s intent to kill.
9
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Is mercy killing considered murder under the common law?
Yes. An intentional mercy killing may constitute murder even when the victim requested death.
10
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Why is the husband not guilty merely of involuntary manslaughter?
Because he intentionally killed his wife; the death was not caused merely by criminal negligence or an unlawful act without malice.
11
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What is involuntary manslaughter?
A killing caused by criminal negligence or, in some circumstances, by the commission of an unlawful act.
12
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Why is the husband not guilty merely of voluntary manslaughter?
Because there was no legally adequate provocation.
13
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What is voluntary manslaughter?
A killing that would otherwise be murder but is reduced because the defendant acted in the heat of passion following adequate provocation.
14
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Does the wife’s insistence that her husband kill her constitute adequate provocation?
No. A request or consent to be killed is not legally adequate provocation.
15
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What is the principal rule illustrated by this case?
Consent is generally not a defense to homicide, and a compassionate motive does not reduce an intentional killing from murder to manslaughter.