CRJU340 Section 3 (Homicide) - all remaining slides

Q: What are the 4 types of malice aforethought that can make a defendant liable for murder?

1) Intent to kill

2) Intent to cause serious bodily harm

3) Depraved heart/reckless indifference

4) felony murder

Q: What is “depraved heart” murder?

When someone is aware their conduct poses an unjustifiable risk of death and engages in it anyway

what is intent to cause serious bodily harm?

an intent to inflict serious bodily injury is sufficient to establish malice afterthought, making a defendant liable for murder even if the victim unintentionally dies

what is the intent to kill?

a person with express malice if they unlawfully intended to kill the victim. The defendant’s conscious objective is to cause the death of their victim. (Intent follows your act)

Q: What is felony murder?

 Causing the death of another during the commission of a felony, even accidentally, implies malice aforethought.

Q: What is the difference between murder and manslaughter?

 Murder involves malice aforethought; manslaughter is an unlawful killing without malice.

Q: What distinguishes voluntary manslaughter?

 It involves an intent to kill in the heat of passion due to sufficient provocation.

Q: What are the elements of for voluntary manslaughter heat of passion/provocation?

1) Actual provocation, 2) Objective sufficiency, 3) Inadequate cooling-off period, 4) no cooling off

Q: What is 1st-degree murder typically characterized by?

Premeditation, specific means (e.g., poison), or occurring during certain felonies.

With second degree murder you will be sentenced to

life sentences but without possibility of parole

a strong provocation event of condition that would have created such sudden and intense passion in a reasonable as to cause them to lose control

to act rashly out of passion rather than judgement

sufficient provocation

defendant was actually provoked

actual provocation

an inadequate time elapses btwn the provocation and the killing for the passions of a reasonable person to have subsided

inadequate cooling off period

define common law murder

unlawful killing of another human being with malice aforethought

what are the 2 categories of homicide

murder (more culpable) and manslaughter (less culpable)

what deaths qualify as homicide

death resulting in permanent cardiac arrest or brain death

what is homicide

the unlawful killing of one person by another

how was beginning of life defined at common law for homocide

a fetus was not considered a living person; birth had to occur

define manslaughter

unlawful killing of another human being without malice aforethought

the objective view for the facts of heat of passion/provocation

sufficient provocation, cooling off period

sentence given for 1st degree murder

life or death sentences

the subjective view for the facts of heat of passion/provocation

actual provocation, no cooling off

what is voluntary manslaughter

typically involves an intent to kill but the killing is mitigated

the defendants passions/rage did not subside before the killing

no cooling off

What is “imperfect self-defense” in the context of voluntary manslaughter?

It’s when a defendant kills, honestly but unreasonably believing they have the right to use such force in self-defense. The killing is then classified as voluntary manslaughter.