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

**📘 FREE COMPANION STUDY GUIDE 📘** 👉 CLICK HERE TO OPEN YOUR FREE STUDY GUIDE 👈 *Turn this episode into an exam-ready study plan.* 🎧 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**. ℹ️ INFORMATION, PRIVACY POLICY & TERMS OF USE ℹ️ **The Podcast and Website Purpose** The **Law School Podcast** and **1L Study Aide** webpage supplements law-school and Bar Exam study with strategies, condensed rules, quizzes, and flashcards. **Educational Disclaimer** Content is for educational and informational purposes only. It is not legal advice, creates no attorney-client relationship, and does not guarantee law-school or Bar Exam success. **Privacy Policy** - No account or login is required. - This webpage uses no forms or analytics to collect personal information. - Quiz and flashcard activity stays in your browser and may clear when local site data is removed. **Terms of Use** By using this webpage, you agree to use its content only for lawful, personal, noncommercial educational purposes. It supplements—not replaces—courses, textbooks, official materials, or qualified instruction.