Criminal Law Fall Launch: Homicide Part One: Murder, Malice Aforethought, Premeditation, Depraved Heart, Felony Murder, and Causation

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🎧 EPISODE SUMMARY 🎧Homicide is the killing of a human, which may be lawful or criminal.

Assess causation, mental state, category, and potential defenses.

Common-law murder is an unlawful killing with malice aforethought.

Malice requires one of four mental states:

• Intent to kill (proven by circumstantial evidence).

• Intent to inflict serious bodily injury.

• Extreme reckless indifference (depraved heart).

• Felony murder.

Premeditation requires prior reflection, distinguishing statutory first-degree murder from second-degree.

Depraved-heart murder involves high-risk extreme recklessness exceeding criminal negligence.

Felony murder applies to deaths during inherently dangerous felonies: burglary, arson, rape, robbery, kidnapping (BARRK).

Under the merger doctrine, predicate felonies must be independent of the killing.

Liability spans attempt, commission, and flight until reaching safety.

The agency approach requires a felon to inflict the fatal wound, while the proximate-cause approach covers any foreseeable death.

All homicides require actual cause (but-for) and proximate cause (foreseeable result without superseding acts).

Remember: murder is not synonymous with intentional killing.

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