Homicide Flashcards
Intentional Killings
CL Homicide
The killing of one person by another
For both, CL & MPC, it requires:
- mens rea
- actus rea
- causation
Types of Homicide CL
A. Intentional Murder
a. Degrees of murder (by statute)
b. Premeditation issue
B. Depraved Heart Murder
C. Felony Murder
D. Voluntary Manslaughter
E. Involuntary Manslaughter
F. Negligent Homicide
MPC Types of Homicide
a. Murder
- Purposely
- Knowingly
b. Manslaughter
- recklessly
- Under influence of extreme mental or emotional disturbance
c. Negligent Homicide
CL Murder
The killing of a human being by another with malice aforethought
Malice Aforethought
Intent to Kill
Intent to cause grievous bodily harm (GBH)
Extreme recklessness indifference to the value of human life (super-recklessness)
Felony Murder
Malice Aforethought
requisite mental state for common law murder
What would support the mens rea?
Direct evidence
circumstantial evidence
permissive inference
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First Degree Murder
Murder that is premeditated or intentional
–States have their own degrees–
three approaches
Premeditation
- Broad Approach
- Intermediate Approach
- Narrow Approach
Broad Approach
“Twinkling of an eye”
o Premeditation = Intent
Intermediate Approach
o Must have some opportunity for reflection
Narrow Approach
o Premeditated and deliberated
Premeditated: 2nd Look (reflection for a period of time before killing)m
Deliberated: weighs consequences (calm state of mind capable of reflection)
Second degree Murder
intent to kill without premeditatiton or deliberation
MPC Intentional Killings
murder (purposefully or knowingly)
manslaughter (under influence of extreme mental or emotional influence)
MPC Murder
purposefuly or knowingly
