Common Law murder and manslaughter Flashcards
Common Law murder
the unlawful killing of another human being with malice aforethought
Common Law manslaughter
- the unlawful killing of another human being without malice aforethought
- Voluntary: an intentional killing committed in the sudden heat of passion as the result of adequate provocation
- Involuntary: negligent homicide
- Misdemeanor: during the commission of a misdemeanor
Degrees of manslaughter
- Voluntary: intentional killing mitigated from murder due to provocation or excuse
- Involuntary: element of malice is absent. Generally established when accused acted with gross negligence or, in some jurisdictions, recklessness
- Vehicular manslaughter:
MPC homicide and manslaughter
- Criminal homicide constitutes MURDER when it is committed recklessly under circumstances manifesting extreme indifference to the value of human life
- Criminal homicide constitutes MANSLAUGHTER when committed recklessly
- Criminal homicide constitutes NEGLIGENT HOMICIDE when it is committed negligently
Complete defense
one that, if established, excuses an accused completely from the criminal charges at issue
Mitigating defense
one that, if established, excuses an accused from a more serious charge but established his/her culpability for a lesser charge such as murder to manslaughter
Imperfect self-defense manslaughter
- self defense where the actor’s belief in the need to take protective action is honest but unreasonable
- crime is mitigated from murder to voluntary manslaughter
Common Law Provocation
1) heat of passion
2) adequate provocation
3) sudden - no reasonable opportunity cool off and
4) causal links between the provocation, the passion, and the homicide
Adequate provocation (Objective standard?)
- adequate provocation is provocation that would cause an ordinary person to respond out of passion rather than out of reason
- provocation that would make an ordinary person with an ordinary temper to become violent
Traditional adequate provocation
- extreme assault or battery
- mutual combat
- illegal arrest
- injury of a close relative
- seduction of one’s young daughter
- sudden observation of a spouse’s adultery
MPC Manslaughter
A killing committed purposely, knowingly, or recklessly, manifesting an extreme indifference to the value of human life which occurs as a result of extreme mental or emotional disturbance for which there is reasonable explanation or excuse (under the circumstances as the person believed them to be)
Differences between provocation and EED under MPC
1) MPC does not require suddenness
2) MPC has no categories of adequate provocation
3) Last straw or cumulative theories are allowed
4) MPC allows the disturbance to be from the viewpoint of the person as he or she believes them to be
Common Law provocation
- objective (“average disposition, not exceptionally belligerent, sober at the time, normal mental capacity)
MPC provocation
- viewed from actor’s situation
- part of effort of MPC to subjectivize the standards
Reckless manslaughter
- person’s conduct created substantial and unjustifiable risk that he would cause the death of another
- assess both the likelihood that harm will occur and the magnitude of the harm should it occur
- whether a risk is unjustifiable must be determined by assessing the nature and purpose of the actor’s conduct relative to how substantial the risk is. (weighing the nature and purpose of the actor’s conduct against the risk created by that conduct)
- the risk must be of such a nature that its disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise
