Homicide Flashcards
murder
three types:
1. 1st degree murder
2. 2nd degree / common law murder
3. MPC murder
1st degree murder
the killing was willful, deliberate, AND premeditated
2nd degree / common law murder
murder is the:
- unlawful killing
- of a person
- with malice aforethought
malice aforethought
- intent to kill,
- intent to inflict great bodily harm,
- reckless disregard of an extreme risk to human life (depraved-heart murder), OR
- intent to commit an inherently dangerous felony (felony murder rule)
MPC murder
killing of a person committed:
1. purposefully or knowingly, OR
2. recklessly under circumstances manifesting an extreme indifference to the value of human life
Felony-murder rule: recklessness is presumed for robbery, rape, arson, burglary, & kidnapping
manslaughter
three types:
1. voluntary manslaughter
2. involuntary manslaughter
3. MPC manslaughter
voluntary manslaughter
intentional killing of a person WITHOUT malice aforethought (adequate provocation)
Adequate provocation:
1. D was provoked (sudden & intense passion causing a loss of control),
2. a reasonable person would have been provoked,
3. not enough time to cool off, AND
4. D in fact did NOT cool off
aka heat of passion
involuntary manslaughter
unintentional killing of a person committed:
- recklessly
- under the misdemeanor-murder rule
- during a non-dangerous felony, OR
- with criminal negligence (in some states)
MPC manslaughter
killing of a person comitted:
1. recklessly, OR
2. committed under the influence of extreme mental or emotional disturbance for which tehre is a reasonable explanation or excuse