A defendant may be liable for the
crime of another if the defendant if:

1.Solicits the crime; or

2. a conspirator with the one who commits the crime; or

3. is an accomplice to the one who commits the crime; or

4. is a murder during a violent felony (felony murder rule)

* ALL felons are liable for any foreseeable death cause by a co-felon.

How do you prove Malice?

Evil Intent.

Four ways to prove malice:

1. Intent to kill - words or use of a deadly weapon.

2. Intent to inflict serious bodily harm.

3. Depraved Heart - reckless indifference to a known high risk of death.

4. Felony Murder rule - Homocide committed during the perpetration of an inherently dangeous felony.

- must be a proximate cause of the homocide

- homocide must be a foreseeable result of the felony

1. Homocide - killing of a human being

2. Malice - Mental state

- Specific intent

a. intent to kill

b. intent to inflict serious bodily harm

c. Depraved heart - reckless indiference to a known high risk of death

e. felony murder - homocide committed during perpetration of inherently dangerous felony

1. Murder -Homocide with malice and no justification, excuse or mitigation.

2. Involuntary Manslaughter - Homocide without malice and no justification or excuse.

3. Voluntary Manslaughter - Homocide with malice but with mitigation.

Battery

Arson

Robbery (larceny + Battery)

Rape

Kidknapping

(BARRK)

Definition:

Homocide committer during the perpetration of an inherently dangerous felony (BARRK).

*MINORITY RULE: some state include non-dangerous felonies.

> Must be committing a felony and the indepedent from the intended felony a murder occurs

Defense: Prove the felony was incorrectly charged.