Criminal Law: Homicide Flashcards

Under the common law, 'year and a day' rule, a defendant cannot be convicted of homicide if the victim dies more than a year and a day after the infliction of injury. What is the primary modern trend regarding this rule?

Answer: Most states have abolished it due to advances in medical science

Most states have abolished the year-and-a-day rule because modern medicine can now establish causation over longer time periods.

Dan discovers his wife in bed with Victor and immediately shoots Victor dead in a heat of passion. Under common law, Dan would most likely be guilty of:

Answer: Voluntary manslaughter

Voluntary manslaughter occurs when a killing is committed in the heat of passion upon adequate provocation, such as discovering a spouse in adultery.

What distinguishes 'depraved heart' murder from reckless involuntary manslaughter?

Answer: Depraved heart involves a higher degree of recklessness showing extreme indifference to human life

Depraved heart murder requires a higher, more egregious level of recklessness that manifests extreme indifference to the value of human life, beyond ordinary recklessness.

A woman shoots at a crowd intending to kill one person but accidentally kills a bystander instead. Under the doctrine of transferred intent, she is guilty of:

Answer: Murder of the bystander

Under transferred intent, the defendant's intent to kill the intended victim transfers to the actual victim, making her guilty of murder.

Under the felony murder rule, which of the following felonies would most likely qualify as an inherently dangerous predicate felony?

Answer: Armed robbery

Armed robbery is an inherently dangerous felony because it carries a high likelihood of violence or death, making it a classic felony murder predicate.

The 'merger doctrine' in felony murder law provides that:

Answer: A felony that is an integral part of the homicide cannot serve as the predicate for felony murder

Under the merger doctrine, a felony that is inherent in or 'merges with' the homicide itself—like assault—cannot be used as the predicate felony for felony murder.

Al and Bob agree to rob a bank. During the robbery, a police officer shoots and kills Carl, an innocent bystander. Under the agency theory of felony murder, are Al and Bob liable for Carl's death?

Answer: No, because the killing was committed by a third party, not an agent of the felons

Under the agency theory, co-felons are only liable for deaths caused by the acts of their co-conspirators, not by third parties such as police officers or victims.