Crim

Murder
Criminal Homicide
At common law, homicide is the unlawful killing of murder, voluntary manslaughter, and
involuntary manslaughter.

The issue is what actions are sufficient to be considered as “causing” the death of another.
Actions must be actual and proximate cause of the victim’s death; they need not be the sole
cause of death

Manslaughter
Under MPC, manslaughter is a death caused by criminal negligence or recklessness. A person
acts recklessly when he consciously disregards a substantial and unjustifiable risks that
circumstances exits or that a prohibited result will follow. A defendant will be held criminally
liable for foreseeable consequences of his actions.

Manslaughter generally is defined as causing death of another without malice aforethought. A

charge of manslaughter does not require proof of intent to kill. A manslaughter charge best
defense is that one committed no act that proximately caused the death another.

Two types of manslaughter: voluntary and involuntary.

Defenses:

Voluntary intoxication
not a defense to recklessness crimes.

Murder
Murder is the unlawful killing of another human with malice aforethought. Malice aforethought
is the 1) intent to kill, 2) intent to commit serious bodily injury 3) depraved heart murder, or
reckless disregard for human life, or 4) felony murder.
An intent to kill can be inferred from use of a deadly weapon or words by the D.

Here, discuss the either, Intent to Kill, SBI, depraved heart, or FM. SHOW the reader what
words or actions show intent, here he pointed the gun at the

Felony Murder Rule – only if its FMR

Any death that occurred during the commission or attempted commission of a felony, is felony
murder, and malice aforethought is implied. When it is an enumerated, inherently dangerous
felony, it is first-degree murder.

 If not enumerated, then do not discuss first-degree.

First Degree Felony Murder

Occurs when a killing it is an enumerated, inherently dangerous felony. Generally, the
enumerated felonies are burglary, arson, robbery, rape, kidnapping.

Here, D was in the commission or attempted commission of BARRK. If inherently dangerous,

and not enumerated, discuss.

TO be convicted of felony murder, 1) the defendant must be guilty of the underlying felony, 2)
the killing must be independent of the felony, 3) the killing is foreseeable, and 4) the death
occurred during the commission of the felony.
1) Guilty of the underlying felony.
FACTS
2) Independent of the felony
FACTS
3) Killing is foreseeable
FACTS
4) Death occurred during the commission of the felony
FACTS

Further, at common law, murder is classified into two categories, first and second-degree
murder.

First-Degree Murder
First degree murder is when the killing is premeditated and deliberated.

Premeditation and deliberation

Premeditation is the planning and deliberation is the thinking of killing in a cool manner,
before it happens, even for a second.

Insert facts about the planning and thinking of (P&D)

Second degree murder

Is all other killings that do not qualify as first-degree.

Voluntary Manslaughter
Voluntary manslaughter is a killing that occurs with adequate provocation, or in the heat of
passion.

For there to be adequate provocation, a defendant must have lost control, a reasonable person
would lose control in the same circumstances, the defendant did not have time to cool off, and a
reasonable person would not have had time to cool off.

Insert facts about 4 ‘elements’ – how a reasonable person would fly off the edge.

Involuntary manslaughter
Involuntary manslaughter occurs when there is criminal negligence or misdemeanor
manslaughter.
 - Don’t write about involuntary manslaughter unless it applies.
Insert facts about crim negligence or misdemeanor manslaughter.

Causation
In order to qualify as homicide, there must be causation b/w defendants act and the victim’s
death.

Concurrence
Killing and intent happened at the same time.
Defenses

Self-defense – when there is a fear of imminent harm, and the D used reasonable force.
Where person believed that it was necessary to defend against imminent use of unlawful force
and belief was reasonable.

Non-deadly force
Used if D is not initial aggressor and reasonably believes the use of force is necessary to protect
from imminent unlawful force. Amount of force permitted depends on the situation and the
amount of force generally needs to be proportionate to the threat.

Defense of others – when the D reasonably believed that the Victim could have defended
themselves, and they used reasonable force.

Imperfect Self-defense
Some jurisdictions allow this, when the D had an honest but unreasonable belief he must use
deadly force, the crime may be reduced to manslaughter.

Insert facts about honest but unreasonable belief.

Insanity
4 kinds
M’Naghten – Due to the mental illness, the defendant had an inability to know or understand the
wrongfulness of his actions.
Irresistible Impulse – Due to mental illness, the defendant was unable to control his actions.
Durham – the crime was a product of his mental illness.
MCP – M’Naghten + irresistible impulse – due to the mental illness, the D had an inability to
know or understand the wrongfulness of his actions, and he was unable to control his actions as
well.
General Intent Crimes:

Battery
Rape kidnapping
False imprisonment

Specific Intent Crimes

Assault
Attempt
Conspiracy
solicitation
Burglary
Larceny
Robbery
False pretenses
Forgery
Embezzlement
1st Degree

Malice

Common law murder – malice aforethought

Arson

Strict Liability Crimes:

Statutory Rape
Morality crimes
Regulatory Crimes
Administrative Crimes

Battery and Conspiracy

If found that both did not have specific intent to cause a battery, then not guilty of conspiracy.
They can be guilty of battery because it is a general intent crime.
If found to lack general intent for battery, then they would be found not guilty of either crime.