Criminal Law: Homicide Flashcards
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Read the first 7 Criminal Law: Homicide flashcards as text
Premeditation for first-degree murder requires:
Answer: Thinking about the killing before committing it, even if briefly
Premeditation requires only that the defendant consciously decided to kill before acting; it can occur in an instant and does not require extended deliberation.
Which element is NOT part of the common law definition of murder?
Answer: Committed with a deadly weapon
Common law murder requires unlawful killing of a human being with malice aforethought; use of a deadly weapon is not a required element, though it may be evidence of intent.
Under the Model Penal Code, criminal homicide committed 'recklessly under circumstances manifesting extreme indifference to the value of human life' constitutes:
Answer: Murder
The MPC classifies reckless killings under extreme indifference as murder, equivalent to common law depraved heart murder.
A defendant is charged with murder but claims he acted in imperfect self-defense—honestly but unreasonably believing deadly force was necessary. In jurisdictions recognizing this doctrine, the result is typically:
Answer: Reduction to voluntary manslaughter
Imperfect self-defense negates the malice required for murder, reducing the charge to voluntary manslaughter in jurisdictions that recognize it.
Which fact pattern is most consistent with 'constructive malice' supporting a murder charge?
Answer: A burglar accidentally kills a homeowner while fleeing
Constructive malice is supplied by the felony murder rule when a killing occurs during commission of a dangerous felony such as burglary.
Under common law, which of the following best describes 'gross negligence' as used in involuntary manslaughter?
Answer: Negligence so egregious it demonstrates a wanton disregard for human life
Involuntary manslaughter requires more than ordinary negligence—it requires gross negligence, i.e., conduct so reckless or careless it shows a wanton disregard for human life.
A defendant shoots at an empty house, not knowing a child is inside, and the child is killed. The defendant is most likely guilty of:
Answer: Involuntary manslaughter based on criminal negligence or recklessness
Firing a weapon into a structure without knowing it is occupied can constitute criminal recklessness or negligence, supporting involuntary manslaughter.