Criminal Homicide & Assault Flashcards
4 Types of Malice Aforethought
- Intent to kill
- Intent to cause grievous bodily harm
- Depraved heart murder
- Intent to commit a felony
1d Murder mens rea
Preplanned with intent (purposely or knowingly; or recklessly under circumstances with extreme indifference to value of human life)
Manslaughter
Mens rea?
Accidental or under extreme passion. Recklessly
Mens Rea of First Degree Murder
Knowledge plus deliberation
Criteria used to determine deliberation (4)
- Want or provocation of deceased
- Conduct and statements of D before and after killing
- Ill will or previous difficulty between parties
- Evidence of killing done in brutal manner
Mens Rea of Second Degree Murder
Knowingly causes death but has not deliberated OR intends to cause serious bodily injury and death results
Voluntary Manslaughter
Causes death of another person that would constitute murder except he caused death under influence of sudden passion
**Defense to 1d murder . Prosecution never brings charge of provocation
Involuntary manslaughter
Death caused by the commission of unlawful act (not amounting to felony)
Felony Murder
Felony + Killing.
2d murder–strict liability
Labeled as: 2d murder under Felony Murder Theory
MO Felony murder rule
Any felony can be predicate felony in MO
Involuntary manslaughter mens rea
Recklessly or Negligently
Voluntary manslaughter mens rea
knowingly
1d Assault
parallel charge?
Attempts to kill or cause serious physical injury
Attempted murder. 1d Assault has higher charge if serious injury was inflicted
2d Assault
Attempts to kill or cause serious physical injury
- under sudden passion arising out of adequate cause
- with use of deadly weapon
