Criminal Law: Homicide Overview

Questions and Answers

What is involuntary manslaughter?

The accidental killing or unintentional killing of another person.

What is voluntary manslaughter?

The intentional killing of another person while under extreme mental or emotional distress.

What is the mens rea for murder in the first degree?

Malice afterthought.

Which of the following is not an element of voluntary manslaughter?

Extreme neglect Signup and view all the answers

What distinguishes depraved heart murder?

A conscious disregard of the value of human life. Signup and view all the answers

What does negligent homicide entail?

A homicide where the killer is not aware of the risk but should have been. Signup and view all the answers

Which of the following is true regarding felony-murder?

It does not require proof of intent. Signup and view all the answers

Criminal negligence includes a gross lack of competency.

True Signup and view all the answers

What must be proven to establish possession under the Model Penal Code?

Knowledge of possession and control over the object. Signup and view all the answers

Which of the following felonies are presumed to involve recklessness?

Burglary Signup and view all the answers

What must be shown to establish criminal liability for felony murder?

Death must be shown to have occurred. Signup and view all the answers

What are the components of premeditation according to the court in Forrest?

Ill-will between parties Signup and view all the answers

Involuntary manslaughter requires intent to kill.

False Signup and view all the answers

What distinguishes voluntary manslaughter from involuntary manslaughter?

Voluntary manslaughter involves intent to kill done in heat of passion without malice aforethought. Signup and view all the answers

What is the common law view on mistake of law?

Never a defense. Signup and view all the answers

According to the Model Penal Code, mistake of law can be a defense if it:

Negates the mental state required Signup and view all the answers

What generally constitutes criminal behavior?

Conduct with a specific mental state that inflicts or threatens harm without justification. Signup and view all the answers

What is the Rule of Lenity?

Ambiguities in statutes are resolved in favor of the defendant. Signup and view all the answers

Criminal liability can exist without a voluntary act.

False Signup and view all the answers

In Robinson v. California, why was the law declared unconstitutional?

It was unconstitutional to criminalize a person's status, such as addiction. Signup and view all the answers

A cop has a statutory obligation to come to one’s aid in the event of an emergency.

True Signup and view all the answers

What can someone be prosecuted for if they are contractually obligated to assist you?

Not coming to your assistance Signup and view all the answers

Which of the following relationships create a legal duty to assist?

Employer to employee Signup and view all the answers

What does voluntary assumption of a legal duty create?

A legal duty to assist Signup and view all the answers

What obligation does a person have if they created a risk of peril?

To come to your aid Signup and view all the answers

Liability for an offense can be based solely on an omission.

False Signup and view all the answers

What are the two types of possession recognized in criminal law?

Actual possession and constructive possession Signup and view all the answers

Under the Model Penal Code, what is required for a person to not be guilty of an offense?

Perform a voluntary act Signup and view all the answers

What distinguishes recklessness from negligence?

Foreseeing the risk of the prohibited result Signup and view all the answers

What type of intent requires a further intent beyond what is otherwise required to establish the crime?

Specific Intent Signup and view all the answers

Conditional intent is still considered to be intent.

True Signup and view all the answers

What does willful blindness refer to in a legal context?

Choosing not to learn the facts to escape culpability Signup and view all the answers

Which of the following is NOT a circumstance under which one can establish constructive possession?

Possessing a receipt for the item Signup and view all the answers

What must a person act knowingly with respect to for a requirement of willfulness to be satisfied?

The material elements of the offense Signup and view all the answers

What does the Deadly Weapon Rule suggest about intent to kill?

Intent to kill can be inferred from the use of a deadly weapon. Signup and view all the answers

What is the definition of Intent to Kill Murder?

If one consciously desires that someone dies, or is substantially certain that they will die by their conduct. Signup and view all the answers

What is required for Premeditated and Deliberate Murder?

There needs to be time for brief reflection and sufficient time to deliberate. Signup and view all the answers

Which of the following constitutes Depraved Heart Murder?

Reckless conduct without intent to kill. Signup and view all the answers

In Depraved Heart Murder, the actor must show extreme __________ to human life.

indifference Signup and view all the answers

Match the following cases with their associated murder types:

State v. Bingham = Premeditated/Deliberate Murder People v. Archie Fuller = Felony Murder Mayes v. Illinois = Depraved Heart Murder Illinois v. Walker = Voluntary Manslaughter Signup and view all the answers

Premeditation requires a specific time period to form the intent.

False Signup and view all the answers

What are the elements required for Felony Murder?

A death resulting from a felony one commits or attempts to commit. Signup and view all the answers

Malice is required to be proven for felony murder convictions.

False Signup and view all the answers

A defendant’s honest, mistaken belief as to the victim’s age is a defense in all circumstances.

False Signup and view all the answers

What type of offenses are presumed to require at least general intent?

Public welfare offenses Signup and view all the answers

What are examples of factors guiding courts on public welfare offenses?

The severity of the penalty, the stigma of the offense, the innocence of the activity, the danger to the public, the level of regulation, and the ease of determining offense elements. Signup and view all the answers

Mistakes of fact do not have to be __________.

reasonable Signup and view all the answers

Under common law, a mistake of fact must be reasonable to be a defense to a specific intent crime.

False Signup and view all the answers

In which case was it established that a defendant may not raise a mistaken belief about the meaning of the law as a defense?

People v. Marrero Signup and view all the answers

Match the following terms with their definitions:

Malum Prohibitum = Acts that are wrong because a statute prohibits them Malum in Se = Acts that are wrong in and of themselves Mistake of Law = Believing an act is legal when it is not Signup and view all the answers

Involuntary intoxication can negate one’s capacity to form general intent.

True Signup and view all the answers

What is required for a mistake of law to be a permissible defense?

The defendant must have a genuine belief that their conduct is allowed under the law. Signup and view all the answers

What are the three types of involuntary intoxication?

Unknowing, coerced, and pathological. Signup and view all the answers

Voluntary intoxication may negate a mental state of purpose or knowledge but not __________.

criminal negligence Signup and view all the answers

Which of the following are considered adequate provocation? (Select all that apply)

Sexual acts Signup and view all the answers

Words alone can constitute adequate provocation.

False Signup and view all the answers

What syndrome can be used as adequate provocation in a manslaughter charge?

Battered woman's syndrome Signup and view all the answers

The unlawful killing of another human being without malice is defined as __________.

manslaughter Signup and view all the answers

What must a defendant demonstrate to prove they were provoked?

That they were under extreme mental or emotional distress Signup and view all the answers

A provocation that causes resentment only after being brooded over is sufficient to reduce murder to manslaughter.

False Signup and view all the answers

What are the basic types of provoking events?

Sexual acts Signup and view all the answers

What must exist for involuntary manslaughter requirements according to the common law?

Criminal/gross negligence Signup and view all the answers

Match the following cases with their relevant legal principle:

Illinois v. Walker = Heat of the moment due to violent provocation leads to voluntary manslaughter Girouard v. Maryland = Words plus conduct can constitute adequate provocation Brooks v. State = Battered woman's syndrome as adequate provocation State v. Gounagias = Reasonable cooling-off period required for provocation Signup and view all the answers

To charge someone with reckless murder, they must consciously disregard a substantial risk of death.

True Signup and view all the answers

What is the 'year and a day rule' in homicide cases?

A victim must die within a year and a day of the homicidal act for liability. Signup and view all the answers

Study Notes

Potential Crimes (Homicide)

Involuntary Manslaughter: Accidental killing with mens rea defined as recklessness in the Model Penal Code (MPC) and gross negligence under common law.
Key Cases:
- Washington v. Williams: Baby's death due to neglect.
- Jones v. U.S.: Neglected baby resulted in malnourishment.
Voluntary Manslaughter: Intentional killing under extreme mental or emotional distress without demonstrating malice.
Provocation Elements:
- Must have been provoked.
- Reasonable person would be provoked and not have cooled off before the act.
Key Cases:
- Girouard v. Maryland: Husband kills wife after being provoked by betrayal.
- Brooks v. State: Woman kills husband after verbal and physical abuse.
Manslaughter: Conscious disregard of substantial risk leading to death.
Key Case: People v. Hall: Ski instructor's negligent behavior leads to death.
First Degree Murder: Intent to kill with premeditation and deliberation. Malice afterthought in common law.
Key Case: Warden v. Franklin: Intentional killing with established intent.
Depraved Heart Murder: Reckless conduct demonstrating extreme indifference to human life within MPC framework.
Key Cases:
- People v. Knoller: Dogs' attack leading to death exemplifies extreme indifference.
- Kansas v. Doub, III: Reckless driving resulting in fatal accident.
Intent to Grievously Injure: Intent to inflict serious harm rather than death.
Mens Rea: Requires purposeful or knowing intent to cause grievous injury.
Negligent Homicide: Occurs without awareness of the risk but should have been recognized.
Key Case: State v. Williams: Child's death due to neglect in medical attention.
Felony-Murder Rule: Liability for deaths occurring during the commission of a felony, regardless of intent regarding the death.
Key Cases:
- People v. Cavitt: Death during robbery leads to felony murder charge.
- Kansas v. Sophophone: Co-felons liability in case of accidental death during a crime.

Actus Rea

Common Law: Requires a voluntary act; intention alone is insufficient for conviction without action.
MPC: Demands voluntary act or omission; includes possession as a form of actus reus.
Possession: Mere presence is not enough; requires knowledge and control of object for sufficient time.
Omission: Liability follows a statutory duty, relationship, or contractual obligation; must be aware of circumstances before duty arises.

Mens Rea

Criminal Negligence: Defined as gross inattention and indifference; awareness of substantial risk leads to homicide charges.
Specific Intent Crimes: Requires intent beyond a mere act; malice aforethought is different from specific intent to kill.
General Intent Crimes: Intent to perform the act serves as mens rea.

Knowledge

Common Law Approach: Majority applies subjective test for culpability; deliberate ignorance considered equal to positive knowledge.
MPC Approach: Subjective test; awareness of high probability of facts establishes knowledge.

Willfulness and Strict Liability

Willfulness: Meant as intentional and voluntary act; understanding one’s actions is critical without needing to acknowledge legality.
Strict Liability: Violations like statutory rape do not require mens rea; liability exists without proving mental state.

Transferred Intent

Murder:
- Common Law: Satisfied through various intents including intention to kill or commit serious bodily harm.
- MPC: Proves intent through purposefulness or recklessness without malice aforethought.### Criminal Behavior and Structure
Criminal behavior combines conduct, specific mental state (Mens Rea), causation, and harm to individuals or public interests.
Essential for liability: the "guilty hand" (action), "guilty mind" (mental state), concurrence of both, required circumstances, resulting harm when justified or excused.

Felony and Homicide

During a felony, reckless actions are presumed in crimes like robbery, rape, and burglary, though felony murder isn't automatically applicable.
Criminal liability exists for natural and probable outcomes of unlawful acts.
Res gestae includes the facts of the transaction, immediate circumstances, and actions before and after.

Degrees of Murder

First-degree murder includes poisoning, lying in wait, intentional, deliberate, and premeditated acts.
Second-degree murder involves a depraved heart without intention to kill.

Premeditation

No specific time frame for premeditation; it must exist before or during the act.
Sudden emotional responses during mutual assault may lead to voluntary manslaughter.
Factors for assessing premeditation include lack of provocation, defendant's conduct, threats, previous conflicts, lethal actions on the helpless, and brutality.

Types of Manslaughter

Voluntary Manslaughter: Intent to kill arises from heat of passion, without malice aforethought.
Involuntary Manslaughter: Involves unintended killing caused by criminal negligence during unlawful acts.
Negligent Homicide (MPC): Acknowledges acts done recklessly, showing awareness of risks.

Mistake and Ignorance

Common Law: Mistake of law is traditionally not a defense.
Model Penal Code: Mistake of law is a defense when it negates the required mental state.

Criminal Process

Important procedural aspects include errors in jury instructions, motions to dismiss, evidentiary rulings, and appeals.
Cases like Owens v. Maryland discuss the sufficiency of circumstantial evidence for jury conclusions regarding defendants’ conduct.

Philosophies of Punishment

Retribution: Society punishes based on moral culpability or harm caused.
Deterrence: Punishment aims to prevent future offenses through deterrence theory.
Incapacitation: Seeks to protect society by preventing offenders from committing further crimes.
Rehabilitation: Focus on reforming offenders.
Restorative Justice: Centers on repairing harm done by offenses.
Expressive Punishment: Aims to communicate societal condemnation of the crime.

Status Offenses and Voluntary Acts

Laws cannot criminalize status (e.g., addiction); a voluntary act is essential for liability.
Robinson v. California declares that criminalizing status is unconstitutional.
Voluntary acts must stem from conscious choice, while involuntary acts may involve reflexes or unconscious movements.

Omission Liability

Recognizes legal duties arising from statutes, contracts, status relationships, assumed duties, and the creation of risk.
Individuals can be held liable for failing to act when legally obligated, such as lifeguards or parents in emergency situations.### Omission Liability in MPC
A person can only be liable for an offense due to an omission if either the law defines the omission as sufficient or a legal duty to act exists.
There are limitations on omission liability; individuals must assist others only to the extent that it is safe to do so.
Legal obligations, not moral ones, establish duties (reference: Jones v. US).

Possessory Offenses

Possession offenses are defined as illegal simply by possessing a prohibited item.
Actual possession requires direct physical control, while constructive possession allows for control or dominion over the item.
Drug-related offenses fall under possessory offenses, where possession can be either actual or constructive (State v. Matarazzo).

Model Penal Code (MPC) Insights

The MPC stipulates liability for offenses requires a voluntary act or failure to act when capable.
It distinguishes voluntary acts from non-voluntary acts (e.g., reflexes, unconscious actions).
Possession is differentiated based on whether the individual knowingly controls the item for a sufficient duration.

MPC Mental States

Mental states include Purpose (intent to engage in conduct) and Knowing (awareness of circumstances).
Recklessness involves consciously disregarding substantial risks, while Negligence arises from failing to perceive risks that a reasonable person would.

Distinction in Intent

General Intent involves awareness of conducting dangerous behavior; Specific Intent requires intent beyond the crime itself and typically involves purposeful actions.
Specific intent can imply a knowing state of mind aimed at achieving particular results.

Culpability and Liability

Recklessness is punished more harshly than negligence, aligning similarly across MPC and common law.
Willful blindness is treating ignorance of facts intentionally to evade responsibility, with courts equating it to actual knowledge.

Strict Liability and Public Welfare

Strict liability crimes do not necessitate proof of mens rea; honest mistakes about circumstances (e.g., victim’s age) often serve as no defense in such cases.
Public welfare offenses typically do not require a mental state requirement but are assumed to require at least general intent.

Errors and Mistakes in Law

Mistakes of fact can negate specific intent crimes but must be reasonable for general intent crimes.
Unreasonable mistakes may serve as defenses against specific intent crimes, whereas they do not for general intent offenses.

Key Case References

Regina v. Faulkner: Accidental acts collateral to a felony cannot lead to conviction if not intentionally done.
Morrisette v. U.S.: Mens rea is a fundamental requirement of crimes unless explicitly stated otherwise in the statute.
People v. Navarro: Mistake of fact based on good faith can negate specific intent requirements.

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Description

This quiz covers the essential aspects of homicide in criminal law, focusing on the definitions, mens rea, and key elements of involuntary manslaughter. Review landmark cases to enhance your understanding of how legal principles apply in real-life scenarios. Test your knowledge and comprehension of this crucial topic in criminal justice.