Homicide

1
Homicide

• First Degree Murder
• A. Intentional and Premeditated taking of
  anothers life with Malice aforethought.
• Malice equals a malevolent state of mind
  coupled with the absence of legally adequate
  justification, excuse, or circumstances of
  mitigation.
• Premeditated Planning, deliberation, intent.
• Lying in wait poison and torture may also
  be considered 1st Degree murder elements.

2
Homicide (cont.)

• Second Degree Murder
• Defined More than one way to define this
  crime. One way is it is a killing with malice
  aforethought but without premeditation or
  deliberation.
• Another way to define is a killing of
  intent to seriously hurt someone but, with no
  intent to kill. The third way is the depraved
  heart murder (this is where the accused acts with
  such gross negligence or with reckless disregard
  as to manifest an extreme indifference to the
  value of human life.
• Felony Murder
• Defined When a person is killed during the
  commission or attempt to commit an inherently
  dangerous felony, then any killing, (death) even
  if unintentional is deemed to be a Felony Murder.
  The Mens Rea for the underlying felony is
  transfers to and becomes the mens rea for the
  felony murder.

3
Manslaughter

• Definition This is a killing of a human being
  without malice, deliberation, or premeditation.
• 2 Types of Manslaughter
• Voluntary Manslaughter Intentional killing with
  no malice aforethought.
• Elements Must be legally adequate provocation,
  the killing must be done in the heat of
  Passion, without time for cooling off or calm
  reflection.
• Involuntary Manslaughter This is an unintended
  killing of a human being. The intent to kill is
  never present but the actions causing the
  victims death were so grossly negligent or with
  reckless disregard for the health or safety of
  another that the defendant must be liable for the
  death.
• Misdemeanor Manslaughter There must be an
  unlawful act, the unlawful act must not be one of
  the inherently dangerous felonies (Felony Murder
  Rule) and the unlawful act must be the direct or
  proximate cause of the death