Homicide Flashcards
Does failure to seek medical care count as malice aforethought?
No, but it may count as involuntary manslaughter.
What are the elements for murder and manslaughter?
This question tells us that first degree murder is “knowingly causing the death of another person after deliberation upon the matter.” Deliberation is defined as “cool reflection for any length of time, no matter how brief.” Second degree murder is defined as “knowingly causing the death of another person.”
Under common law, voluntary manslaughter is a killing resulting from an adequate provocation (heat of passion killing) or imperfect self-defense. Adequate provocation requires that provocation would cause sudden and intense passion in an ordinary person, causing him to lose self-control; the defendant was in fact provoked; there was insufficient time for an ordinary person to cool off, and the defendant did not cool off.
D is correct. The facts tell us the man was very intoxicated. This suggests there was no “cool reflection” as required under the first degree murder statute. As such, the man did not commit first degree murder. However, even though the man did not have a ‘cool reflection,” he did commit second degree murder because all that is required for second degree murder is a mental state of “knowingly” causing the death of another. The man “knowingly” killed the customer by snatching his revolver from his pocket and shooting the customer. Because the man had the requisite mental state, he committed second degree murder.
A is incorrect. The facts here do not rise to the level of adequate provocation that would lead to manslaughter. Adequate provocation requires something to cause sudden and intense passion in an ordinary person. Here, there was no reasonable explanation for the man becoming enraged. Although, as mentioned above, his intoxication prevented the kind of “cool reflection” required for first degree murder, it did not preclude the mental state required for second degree murder.
B is incorrect. Deliberation, as defined by the statute, is “cool reflection for any length of time, no matter how brief.” So, even if deliberation is formed instantaneously, the man’s intoxicated anger prevented the kind of “cool reflection” required for deliberation. Even though his intoxication prevented the mental state required for first degree murder, it did not preclude the mental state required for second degree murder because the man “knowingly” killed the customer by snatching his revolver from his pocket and shooting the customer.
