Homicide Potpourri
A request for this may be made if the evidence supports an inference that it was committed.
What is a lesser included offense?
Mere words were insufficient to be LAP.
What is Girouard?
Intentional killings that require premeditation and delibertation
What is 1st degree murder?
It is the focus of the MPC's extreme mental or emotional disturbance
What is the MPC's approach to voluntary manslaughter? See Dumlao
First degree, second degree, and voluntary manslaughter
What are the three intentional killings?
Premeditation is the deliberate formation of & reflection upon the intent to take a life and must involve more than a moment in point of time.
What is Bingham?
Brad Pitt in Seven could be convicted of this, because the murder was intentional
What is second degree murder? (Mere words not LAP.)
What was the rule in Berry?
Justifiable, excusable, criminal
What are the three categories of common law homicides?
The actus reus was an omission
What was the AR in Welansky and Williams?
Shooting into an occupied room, playing Russian Roulette with a gun known to have one live and 4 dummy shells.
What are examples of depraved hear/extreme reckless murder?
The 3 approaches for voluntary manslaughter
What are CL categorical test, modern objective "reasonable person," and MPC's extreme mental or emotional disturbance standard?
Legally adequate provocation
What is the effect of arousing a sudden heat of passion in a reasonable person?
The two issues in Knoller.
What is the MR of conscious disregard of risk of death and having an objective/conscious disregard for human life?
One of the limitations on felony murder liability
What is inherently dangerous felony or res gestae or merger or agency?
Gross negligence or recklessness
What is the MR for involuntary manslaughter?
4 parts of a homicide
What is causing the death of another (AR), concurrence, causation, and the actor's intent?
...Robert Lee Hines mistook his friend...for a turkey and shot him dead
What is Hines?
In Tennessee, it includes the killing of another that results from certain drug offenses
What is second degree murder?
Difference between recklessness and negligence
What is whether defendant was aware of the risk?