Crimlaw Rules 2

Card Set Information

Author:
woof686
ID:
26466
Filename:
Crimlaw Rules 2
Updated:
2010-07-12 14:41:50
Tags:
Homocide
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Description:
Homocide
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  1. Murder
    Unlawful killing of another human being (including unborn children of 24 weeks) with malice aforethought.

    Four categories

    • Intent to kill
    • Intent to do serious bodily injury
    • depraved heart
    • felony murder
  2. Common law felony murder
    MR BRAK

    • Mayhem
    • Robbery
    • Burglary
    • Rape
    • Arson
    • Kidnapping

    Co-felons are vicariously liable for the death if the death is a foreseeable consequence of the underlying inherently dangerous felony.
  3. NY felony murder
    First degree: intentional killing of non-participant

    Second degree: no specific intent to kill non-participant
  4. Common law and NY defenses to felony murder
    Common law:

    • defense against underlying felony
    • felony not distinct from the killing itself
    • death not a foreseeable result of the felony
    • death occurred after the commission of the felony and ensuing flight form scene


    NY (for an accomplice):

    • did not commit or assist in the killing
    • was not armed
    • did not believe other participants were armed
    • did not know other participants would engage in activity that would lead to death
  5. NY degrees of homocide
    Murder:

    First

    • Intentional killing of police officer, prison guard, witness, or judge
    • murder for hire
    • intentional felony murder

    Second

    • Intentional killing of one not in 1st degree categories
    • depraved heart
    • felony murder by a co-felon

    Criminally negligent homocide - killing another through negligence

    Vehicular manslaughter - 2nd: negligent homocide through operation of a vehicle, 1st: with an invalid license.

    Manslaughter:

    First

    • Death due to serious bodily injury
    • Heat of passion
    • Abortion on female more than 24 weeks pregnant
    • Recklessly placing child under risk of serious physical injury, resulting in death of child.
    • Second -

    • Reckless death of another
    • Intentional assisting in suicide or abortion where person dies
  6. Involuntary manslaughter
    Unintentional homocide committed with criminal negligence or during an unlawful act (either a misdemeanor or a felony not MR BRAK).

    Criminal negligence = reckless action putting another at significant risk of injury or death.

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