Criminal Law: Homicide

What are the two key elements that elevate an intentional killing to first-degree murder in most jurisdictions?

The two key elements that elevate an intentional killing to first-degree murder are premeditation (thinking about it beforehand) and deliberation (weighing the options and making a conscious choice to kill).

What does the acronym BARRK stand for in the context of the felony murder rule?

BARRK stands for Burglary, Arson, Rape, Robbery, and Kidnapping, which are the inherently dangerous felonies typically underlying common law felony murder.

What is the primary mitigating factor that reduces murder to voluntary manslaughter?

The primary mitigating factor that reduces murder to voluntary manslaughter is a killing committed in the 'heat of passion' resulting from adequate provocation.

What level of mens rea is typically required for involuntary manslaughter?

Involuntary manslaughter typically requires criminal negligence or recklessness, meaning a gross deviation from the standard of care that a reasonable person would observe.

What are the three categories of criminal homicide under the Model Penal Code (MPC)?

Under the Model Penal Code, the three categories of criminal homicide are murder, manslaughter, and negligent homicide.

What is the standard for the M'Naghten rule regarding the insanity defense?

Under the M'Naghten rule, a defendant is legally insane if, due to a mental disease or defect, they did not know the nature and quality of their act, or did not know that the act was wrong.

What constitutes 'depraved heart' murder?

'Depraved heart' murder is a type of second-degree murder resulting from extremely reckless conduct that manifests a conscious disregard for an unjustifiably high risk to human life.

Under the agency theory of felony murder, is a felon liable if a police officer accidentally kills a bystander during the felony?

Under the agency theory of felony murder, a felon is not liable for the death of a bystander killed by a police officer, because the lethal act was not committed by a felon or their agent.

What are the four elements required for the 'heat of passion' defense to reduce murder to voluntary manslaughter?

The four elements are: (1) adequate provocation, (2) the defendant was actually provoked, (3) a reasonable person would not have cooled off between the provocation and the killing, and (4) the defendant did not actually cool off.

How does the misdemeanor-manslaughter rule operate?

The misdemeanor-manslaughter rule operates by holding a defendant liable for involuntary manslaughter if an unintentional death occurs during the commission or attempted commission of a misdemeanor or a non-BARRK felony.