Case Exercise #6 - Homicide Exercises I

Murder or Manslaughter?
First or Second Degree Murder?
First or Second Degree Felony Murder?
Voluntary Manslaughter, Involuntary Manslaughter or Vehicular Homicide?
Purpose
The purpose of this exercise is to distinguish between the different types of homicides—first
degree murder, second degree murder, voluntary manslaughter and involuntary manslaughter.
Responsible Team
Assigned Team Problem
#
MODEL ANSWER Problem 1
Teams A, C and
E

Problem 2
Teams B, D Problem 3
Instructions
1. Analyze your assigned problem(s) using the Step-by-Step Analysis of a Homicide Case
(Chapter 2)
2. Carefully review the Model Answer to Case Exercise 6: Problem 1.
3. Complete an Elements of Crime Worksheet.
4.
Problems

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Case Exercise #6 I – Homicide Crimes Page 2
1. Pat hates Phil. She decides to kill him. She picks up a knife and stabs Phil twice killing him.
See Model Answer below.
2. Pat decides to seriously hurt Phil, but doesn’t intend to kill him. She stabs Phil in the chest
and, although she did not intend to kill him, Phil dies from the stab wound.
3. Pat decides to scare Phil by pushing him close to, but not onto, the tracks as they are waiting
for the train. Pat is stronger than she thinks and, instead of only bumping Phil to the edge of the
platform, she knocks Phil onto the third rail. Phil dies.

MODEL ANSWER TO CASE EXERCISE #6 - PROBLEM 1
1. Pat hates Phil. She decides to kill him. She picks up a knife and stabs Phil twice killing him.
A Step-by Step Analysis of a Homicide Case – Text

Major Question Considerations
A. Is there a homicide? 1. Has there been a death of another? [If Yes, go to next question]

YES
B. Is it an innocent or criminal
homicide?
It is a criminal Homicide

1. Is there a perfect defense? • insanity • self-defense • defense of
another • battered person syndrome • involuntary intoxication [If
Yes, then Innocent Homicide] [If No, then Criminal Homicide. Go to
next question].
NO

Major Question Considerations
C. Is it murder or manslaughter?
The action amounts to murder

1. Is there malice aforethought by:
(a) specific intent to kill (cause death) or
(b) specific intent to cause serious (grievous) bodily injury or
(c) intent to do an act which, in the circumstances known to the
defendant, a reasonable person would have known created a
plain and strong likelihood that death would result.
Note: use of dangerous weapon creates an inference of malice
aforethought. Jury (and judge in bench trial) may infer that a
person who intentionally uses a dangerous weapon on another
person intends to kill that person, or cause him/her grievous

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Case Exercise #6 I – Homicide Crimes Page 3

bodily harm, or intends to do an act which, in the circumstances
known to him, a reasonable person would know creates a plain
and strong likelihood that death would result)
OR
2. Was the homicide committed during the commission of
a crime punishable by imprisonment for life (capitol
felony) *

[If No to both C.1 and C2, then go to Question E on
Manslaughter.]. [If Yes, then go to Question D to
determine what type of Murder].
YES. Malice aforethought by either: specific intent to
do serious bodily injury by stabbing Phil twice; or
knowledge of likelihood of death or serious bodily
harm. Use of a dangerous weapon (the knife) created
in an inference of malice.

D. Is it First Degree Murder ,
First Degree Felony Murder
or Second-Degree Murder?
(M.G.L. c.265, §§1,2)
First Degree Felony Murder

1. Was the homicide committed..Yes
(a) during the commission or attempted commission of a crime
punishable by imprisonment for life (capitol felony)*? [If
answer Yes to question. then may be first degree felony
murder].
*Crimes punishable by imprisonment for life include:
aggravated (M.G.L. c. 265, §22(a); forcible rape of a child
(M.G.L. c.265, §22A); aggravated forcible rape of a child
(M.G.L. c. 265, §22B); statutory rape of a child (M.G.L. c. 26,
§23); statutory rape of a child aggravated by age difference
(M.G.L. c. 265, §23A); assault with intent to rape a child
(M.G.L. c. 265, §24B); unarmed robbery (M.G.L. c. 265, §19);
armed robbery (M.G.L. c. 265 §17); armed burglary/burglary
with assault on

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