HOMICIDE CHART
Intentional
With Ma
Unintentional _[lllsometimes intentional
ice Aforethought
First-Degree Murder
Second-Degree Murder
Felony Murder
‘Ontetional conduct with intention to Kl)
*Incentona ling with premeditation and deliberation~e@ poison
(()Bxtreme reeklessness—eg, defendant shoots his guna crowd
‘oom without inet ol
(2) Intentional infliction of great bodily harm and death results—e,
defendant cuts someone legs off without intent to il thers but they die
+ Defendant commits felony and someone other than a c-felon die The
‘esthcan occur darns the commission ofthe elory the attempt
commit itor the ight from
+The felony mustbe inherently dangerous—e4t, robbery, arson repo,
‘dnapping, burglary.
+ There mustbe eausation: Under the agency theory, defendant ori
agent (ofeon) must eause the death. Under the preximate cause theory,
‘the felons lables long ashe “sets n motion’ theaets that cause the
enth,
Without Malice Aforethought
Voluntary Manslaughter
Involuntary or Misdemeanor
Manslaughter
(Concuct and res intertional, but excused due to the circumstances)
‘An intentional kilingof a human beingin the heat of passion dus to
adequate provocation~c3, defendant finds wife in bed with another or
defendant spaced inthe face by someone and is enraged Bar Exam
‘Tip: "mere words” do not count as adequate provocation under the
majority view.
(either conduct nor est intentional)
{Alling due to gross negligence or recklessness~eg, a parent does
not take their extremely sickinflnt to the free local ein and the infant
ddesior
‘Q)akiling during a misdemeanor or felory that does net qualify for felony
‘murder (misdemeaner manslaughter rue.