22. First Degree Murder

Question 1

State v. Brown

Answer 1

• Charged D (father) with first-degree murder, son soiled himself late at night, he went blank and beat him, child killed, had repeated blows to head and other parts of body
• Elements of 1st degree murder
  o Intent – willfully, of purpose, with intent
  o Malice – malice aforethought
  o Deliberately – cool purpose, with coolness and reflection, requires some period of reflection during which the mind is free from the influence of excitement/passion
  o Premeditation – design to kill
• What separates 1st degree from 2nd is the premeditation/deliberation
• Brown rejects previous case law including:
  o There are cases where multiple blows is circumstantial evidence of premeditation
  o Premeditation and deliberation can be formed at that moment in an instant
   You certainly cannot deliberate in an instant
  o Treat premeditation and deliberation as the same thing
• No proof D acted with premeditation and deliberation, guilty of second degree murder
• *After Brown, TN got rid of deliberation requirement and added aggravated child abuse to list of predicate felonies in first degree murder

Question 2

Premeditation and deliberation formula

Answer 2

o Evidence of pre-meditation: evidence of planning activity, evidence of motive, preconceived design to kill
o Intent formed on pre-existing reflection, actual deliberation/forethought, result of careful thought and weighing of considerations, deliberate plan, carried out coolly according to preconceived design
- Circumstantial evidence that may create an inference of premeditation and deliberation
o Deadly weapon used on an unarmed victim
o Homicidal act was part of a conspiracy to kill persons of a particular class
o Particularly cruel killing
o Weapons to commit murder were procured
o Defendant made declarations of his intent to kill the victim
o Preparations made before to conceal crime (ie dig grave)

Question 3

MPC formula

Answer 3

abandons Premeditation and Deliberation formula

(purposely, knowingly)

• Murder – committed purposely or knowingly, or recklessly committed manifesting extreme indifference to value of human life (assumed if committed during robbery, rape, arson, burglary, kidnapping, felonious escape
• Murder = first degree felony