Homicide Study Guide

📖 Core Concepts Homicide: Killing another person, either by a deliberate act or a failure to act when required. Volitional act/omission: Must involve a conscious action or a legal duty to act that is ignored, leading to death. Causation without intent: Accidental, reckless, or negligent behavior can still be homicide if it causes death. Murder vs. Manslaughter: Murder = unlawful, intentional killing (premeditated or not). Manslaughter = unlawful killing without pre‑meditation; can be voluntary (heat‑of‑passion) or involuntary (recklessness/negligence). Justifiable homicide: Legally permitted killing because the law gives a recognized excuse (e.g., self‑defense, wartime combat). Felony murder rule: A death occurring during the commission of a felony makes all participants liable for murder, regardless of intent to kill. 📌 Must Remember First‑degree murder = pre‑meditated intentional killing. Second‑degree murder = intentional killing without pre‑meditation. Voluntary manslaughter = intentional killing while under extreme emotional disturbance (“heat of passion”). Involuntary manslaughter = unintentional killing caused by reckless indifference or negligence. Constructive manslaughter = death resulting from violation of a major safety law, even if no intent to kill. Self‑defense: Deadly force allowed only against an imminent threat to life. Mental incapacity: May excuse liability if a mental disorder prevents criminal responsibility. Defense of infancy: Children below the age of criminal responsibility cannot be prosecuted for homicide. State‑sanctioned killings: Include capital punishment, lawful war killings, and lawful police use of force; extrajudicial killings are illegal. 🔄 Key Processes Determine homicide classification Identify act/omission → assess volition. Check intent: intentional vs. reckless/negligent. Look for premeditation → first‑ vs. second‑degree murder. Evaluate circumstances: heat of passion, safety‑law violation, felony involvement. Apply felony murder rule Verify a qualifying felony was underway. Confirm a death occurred during the felony (including foreseeable aftermath). Assign murder liability regardless of killing intent. Assess justifiable defenses Is there an imminent threat? (self‑defense) Does the defendant lack mental capacity? (mental incapacity) Is the defendant below the age of criminal responsibility? (infancy) 🔍 Key Comparisons First‑degree vs. Second‑degree Murder Premeditation: present in first‑degree, absent in second‑degree. Voluntary vs. Involuntary Manslaughter Intent: voluntary involves intent to kill (but no premeditation); involuntary involves no intent, only recklessness or negligence. Murder vs. Justifiable Homicide Lawfulness: murder = unlawful; justifiable homicide = lawful under statutory excuse. Felony Murder vs. Traditional Murder Intent to kill: not required for felony murder; required for traditional murder. ⚠️ Common Misunderstandings “Murder always requires premeditation.” – False; second‑degree murder lacks premeditation. “If a death is accidental, it can’t be homicide.” – Wrong; reckless or negligent conduct still qualifies as homicide. “Self‑defense is a blanket excuse for any killing.” – Incorrect; the threat must be imminent and deadly force must be proportionate. “All state‑sanctioned killings are lawful.” – Not true; extrajudicial killings and war crimes are illegal despite being carried out by state actors. 🧠 Mental Models / Intuition Intent ladder: Premeditated intent → first‑degree murder. Intent without premeditation → second‑degree murder or voluntary manslaughter (if “heat of passion”). Recklessness / negligence → involuntary/constructive manslaughter. “Legal excuse filter”: Before labeling a killing as homicide, run it through self‑defense → mental incapacity → infancy → justifiable homicide. If none apply, it’s unlawful. 🚩 Exceptions & Edge Cases Preterintentional killing: Harm intended, death unintended → still objective fault for homicide. Constructive manslaughter: No intent, but violation of a major safety regulation (e.g., building code) leads to liability. Felony murder: Even a minor participant in a felony can be charged with murder if a death occurs. 📍 When to Use Which Choose murder charge when the killing is intentional; look for premeditation to decide first‑ vs. second‑degree. Apply manslaughter when there is no intent to kill: Voluntary → presence of “heat of passion.” Involuntary → reckless indifference or negligence. Invoke felony murder rule only if a qualifying felony is proven and the death is causally linked. Raise a justification defense (self‑defense, mental incapacity, infancy) when factual elements match the statutory criteria. 👀 Patterns to Recognize “Heat of passion” language → points to voluntary manslaughter. “During the commission of a felony” → triggers felony murder analysis. “Failure to act where there is a legal duty” → indicates omission‑based homicide. Statutory language about “imminent threat” → signals possible self‑defense claim. 🗂️ Exam Traps Distractor: “All killings by police are justified.” – Wrong; only lawful use of force qualifies; extrajudicial killings are illegal. Distractor: “Negligent conduct cannot be homicide.” – Incorrect; negligent conduct can be involuntary manslaughter. Distractor: “Felony murder requires the defendant to intend the death.” – Misleading; intent to kill is not required. Distractor: “Assassination is automatically murder.” – Not always; context (e.g., wartime) may shift classification. --- Use this guide for a quick, confidence‑boosting review before your exam.