Homicide (CL & MPC) Flashcards
CL Murder
Malice Aforethought defined in 4 categories…
1) Intent to kill
2) Intent to do serious bodily injury
3) Abandoned and malignant heart, extreme recklessness in regard the value of a human life
4) Felony-murder “rule”
CL 1st Degree Murder
whats required?
Express Malice = Intent to Kill
AND Premeditation and Deliberation
CL 1st Degree Murder
Premediation & Deliberation defined…
Premeditation: thought before acting to the idea of taking a human life and reaching a definite decision to kill
□ No specific period of time is required
Deliberation: considering and reflecting upon the preconceived design to kill; turning it over in the mind…giving it a second thought.
CL 1st Degree Murder
Premediation & Deliberation timing rule
P & D must happen within a appreciable amount of time, although there is no required specific timing for P&D
P&D can be happen within seconds
CL 1st Degree Murder
What defense can be raised to negate D’s mens rea?
Can Use Incapacity Defenses to Attempt to Negate Mens Rea
but this depends on the facts and the kind of incapacity defense being raised
CL 1st Degree Murder
MPC Murder (express) rule
criminal homicide constitutes murder when It is committed purposely or knowingly
CL 2nd Degree Murder
whats required?
Express Malice = Intent to kill
but without premeditation and deliberation
CL 2nd Degree Murder
CL Rule
where killings that do not arise from any strongly felt motivation except by a sudden and unjustified desire to experience killing when an opportunity arises
In some jurisdictions–> both extreme indiff and depraved indiff to HL constitute as recklessness killings for 2nd degree murder
CL 2nd Degree Murder
MPC Murder (implied) rule
criminal homicide constitutes murder when It is committed recklessly under circumstances manifesting extreme indifference to the value of human life
1) Such recklessness is inferred if the actor:
is engaged
or is an accomplice in the commission of,
or an attempt to commit,
or flight after committing
or attempting to commit
CL Voluntary Manslaughter
whats required? the basic definition…
An intentional killing that is borne out of provocation that caused Δ to act in “the heat of passion”
CL Voluntary Manslaughter (VM)
RULE
- the actor must have acted in heat of passion
- the passion was the result of adequate provocation
- the actor must not have had a reasonable opportunity to cool off
- AND there must be a causal link between the provocation, the passion, and the homicide.
CL Voluntary Manslaughter (VM)
the actor must have acted in the heat of passion (element 1 elaborated)
Passion is rage, fear, or any violent and intense emotion sufficient to dethrone reason } Even jealousy or desperation
Subjective assessment of the Passion of D’s mental state at the time of the killing
◊ Words alone could not amount to adequate provocation
EXCEPTION: informational words disclosing a fact that would have been adequate provocation had the actor observed it himself;
CL VM
the passion must have been a result of adequate provocation (element 2 elaborated)
That is the individual provoked by
– physical attack or battery
– mutual combat,
– threat of physical attack in extreme cases,
– unlawful arrest,
– Adultery
and violent or sexual assault on a close relative, like injuries to one’s child
CL VM
Element 2 on adultery on perceived belief and circumstantial evidence…
Even if the perceived adultery is not factual present, but the Δ believes it to be–> gets VM instruction
D must have a reasonable belief
Where D believes his wife is cheating although there is no direct proof of catching her “cheating” –> enough circumstantial evidence can suggest that Δ was provoked by the fact that his wife was cheating on him
CL VM
Element 2 on adultery on Provocation Reform Rules…
Under Provocation reform rules–> repeated taunting of adulterous acts are enough to constitute VM
Cultural norms can be used as evidence to prove evidence of “extreme emotional or mental disturbance” and mitigate an intentional killing to manslaughter. And proffered evidence tending to Δ’s cultural background relates to the Δ’s mental states and could explain that Δ was “extremely emotionally or mentally disturbed
CL VM
the passion must have been a result of adequate provocation
(element 2 elaborated on ROP…
Viewing the facts objectively, would the reasonable person have been provoked by the ______ ?
CL VM
the actor must not have had a reasonable opportunity to cool off (element 3 elaborated)
How immediate must the killing be to the provocation?
There cannot be too much time that has passed bw the provocation & killing
courts at most listed the one day or even half a day is sufficient time for one’s passion to cool
Time less than that also constitute cooling period
CL VM
the actor must not have had a reasonable opportunity to cool off
(element 3 elaborated on being reminded of former wrongs…)
with respect to being taunted by the cumulative effect of (victim’s) reminders of former wrongs could not support a sudden passion –>
CL case: Where Δ is subjected to taunted for past two weeks and should have anticipated it.
CL VM
MPC Manslaughter rule
A person is guilty of manslaughter if:
D recklessly kills another (without extreme indifference to value of human life) OR
D kills another under circumstances that would ordinarily constitute murder but homicide is committed as a result of Extreme Mental or Emotional Disturbance
CL VM
MPC Manslaughter rule
EMED requirements
- Subjective Component - must have EMED.
No provocation required. words can count !! - Objective component – Reasonableness of EMED is determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be.
No cooling off period necessary
Unintentional Killing
CL Felony Murder
whats required?
see other flash cards for FM
when a unintentional homicide occurs during the commission, attempt, or flight from an inherently dangerous crime–> the homicide is classified as murder
Unintentional Killing
CL Felony Murder
MPC Murder (implied) rule
doesn’t treat it as strict liability- instead it’s a killing done recklessly and under circumstances manifesting extreme indifference to the value of human life
Unintentional Killing
CL 2nd Degree Murder
whats required?
An unintentional killing done with “an abandoned and malignant heart” = extreme recklessness/indifference to HL
Unintentional Killing
CL 2nd Degree Murder
MPC Murder (Implied) rule
criminal homicide constitutes murder when:
It is committed recklessly under circumstances manifesting extreme indifference to the value of human life.
Unintentional Killing
CL Involuntary Manslaughter
whats required?
an unintentional killing of another human being with:
Negligence/gross negligence (or ordinary negligence in WA)
Or recklessness causing death
Unintentional Killing
CL Involuntary Manslaughter
Rule elaborated
Wanton and reckless conduct may constitute an intentional failure to take care in disregard of probable harmful consequences when D owes a duty of care;
§ D doesn’t have to actually be the force that causes the death,
§ D just has to willfully or wantonly disregard a danger of death that actually manifests.
Common law requires at least gross negligence, but statutory law may require either gross or ordinary negligence.
Unintentional Killing
CL Involuntary Manslaughter
MPC Negligent Homicide rule
Criminal homicide constitutes negligent homicide when it is committed negligently.
Where D should be aware that material element will result from his conduct
