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14 Cards in this Set
- Front
- Back
3 traditional homicide offenses
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Murder, involuntary manslaughter, voluntary manslaughter.
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Homicide analysis
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1) Did D "cause" death of victim? [If no, end analysis.]
2) If #1 yes, did D act w/malice aforethought? [If yes, it's murder unless--] 3) If yes to 1 and 2, was there adequate provocation? [If yes, voluntary manslaughter] 4) If yes to 1 and no to 2, did D act w/criminal negligence or cause death while committing a misdemeanor? [If so, involuntary manslaughter] |
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If there is no causation, D is often guilty of attempted murder
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"Factual" causation: "But for" D's acts, victim would not have died as and when he actually did die
Year-and-one day rule: victim must die w/in year and one day from infliction of injury |
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Proximate causation.
Victim's death naturally results from D's actions, even if this occurs in unexpected manner [unless events are extremely unusual/outrageous] |
A "superseding" factor breaks chain of causation.
Factor must be 1) independent of D's action; 2) unforeseeable; and 3) sole cause of V's death |
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A D. who speeds up death of dying V does/does not factually cause the V's death.
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Does.
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If an intended death occurs in unexpected way, there may be a ___ of proximate causation.
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Lack.
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A killing is with "malice aforethought" if D acts with what mental states?
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1) Intent to kill;
2) Intent to cause serious bodily injury; 3) Intent to commit a felony; or 4) Awareness of extremely high risk that death will result ("abandon and malignant heart" doctrine or "depraved mind" murder) |
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Felony murder
Accidental deaths caused during felony commission are murder. |
Death must have been foreseeable OR felony must have been "dangerous" as committed
All cofelons guilty of felony murder if deaths foreseeable If D has defense to underlying felony, accidental death can't be felony murder |
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"Merger rule"
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Felony murder can't be based on felony assault (or battery) causing V's death.
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2 instances where courts won't apply felony murder?
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1) Fatal shot not fired by one of felons ("agency" rule)
2) Person killed is one of felons |
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Most killings with "malice aforethought" are 2nd degree murder. Certain felony murders and premeditated killings are first degree murder.
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Premeditation requires some conscious consideration over whether or not to kill.
Even if not enough to reduce a killing to voluntary manslaughter, provoking incident may show absence of premeditation. |
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An intentional killing that would be murder is reduced to voluntary manslaughter if what 3 things are shown?
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1) Objectively reasonable provocation;
2) Actually caused D. to kill victim; and 3) D acted on provocation before objectively sufficient cooling period elapsed *mere words are insufficient |
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When is a killing an involuntary manslaughter?
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If D killed either:
1) In course of committing a misdemeanor; or 2) With criminal negligence* * More negligence than what's necessary for civil liability |
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Criminal liability sometimes can rest upon person's failure to act.
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Omission to act sufficient for liability only if:
1) D. had a legal duty to act 2) D. was aware of facts giving rise to duty; and 3) Performing duty was possible ** D. must also have necessary intent |