Death crimes are murder and manslaughter.
A. Homicide (the act)
ii. Third Party Acts
a. Vicarious liability
b. Accomplice or Felony Murder Rule
iii. Omission to Act
i. Intent to kill
ii. Intent to cause serious bodily injury
iii. Depraved Heart/willful and wanton conduct
iv. Felony Murder rule
C. Justification and Excuse (No death liability)
A. Voluntary – Murder Malice, but with Mitigation
B. Involuntary - No Murder Malice, but lesser degree of intent to harm.
3. Degrees of murder
i. Intent to Kill or FMR
ii. With Intent to Kill look for Premeditation and Deliberation
iii. All Other Murder is second degree
4. Defenses (Actually to most crimes)
D. Necessity or Coercion – Greater Evil Doctrine
Professor Doug Holden
© 2010 Douglas S. Holden. All Rights Reserved.