homicide intentional

Question 1

Common law

Answer 1

Two categories of criminal homicide:
 murder
 manslaughter
 Murder—a homicide perpetrated with malice aforethought
 Manslaughter—all other illegal homicides

Question 2

Malice aforethought

Answer 2

Four kinds of killings qualified as murder because done with malice aforethought:
1. Intent to kill intentional killing
2. Intent to inflict serious bodily harm intentional killing
3. Depraved heart unintentional killing
4. Felony-murder unintentional killings

Question 3

Traditional grading

Answer 3

First Degree
 Premeditated and
 a cool mind capable of reflection
 deliberate
 one with a cool mind did, in fact, reflect
 Second Degree
 All other intentional murders

Question 4

Voluntary Manslaughter

Answer 4

Usually, there is the intent to kill (intent to commitserious bodily harm and depraved heart can workas well)
 Additionally, there is a provocation by the victim.
 The provocation reduces the crime from murder tomanslaughter.
 Essentially, the provocation negates the malice.
 Halfway between intentional killing w/o excuse(murder) and intentional killing that is justified(not guilty).

Question 4

Requirements to reduce murder to manslaughter

Answer 4

1. Reasonable provocation
2. Provocation in-fact
3. No time for reasonable cooling-of
   f4. No actual cooling-off
    1, 3 – questions of law (for the judge) (not universal)
    2, 4 – questions of fact (for the jury)
    many jurisdictions leave question 3 for the jury

Question 4

DC Murder Statutes

Answer 4

22–2101. Murder in the first degree — Purposeful killing; killingwhile perpetrating certain crimes.
 Whoever, being of sound memory and discretion, kills another purposely,either of deliberate and premeditated malice or by means of poison, or[commits certain types of felony murder] is guilty of murder in the firstdegree
.§ 22–2103. Murder in the second degree.
 Whoever with malice aforethought, except as provided in §§ 22-2101, 22-2102, kills another, is guilty of murder in the second degree.

Question 4

DC Law of manslaughter

Answer 4

Manslaughter is not defined by statute.
 DC uses the common law.
 “The elements of voluntary manslaughter inthe District of Columbia—the unlawfulkilling of a human being without malice—could more accurately be said to be (1) anunlawful killing of a human being (2) withmalice which has been mitigated by thepresence of circumstances judiciallyrecognized as reducing the degree ofcriminality.” – U.S. v. Bradford, 344 A.2d208 (D.C. 1975)

Question 4

Reasonable provocations

Answer 4

Battery
 Mutual combat
 Adultery
 Less clear: assaults, illegal arrest, words, injury to third parties
 “Imperfect” Self-Defense — different from adequate provocation

Question 4

Heat of Passion

Answer 4

Types of legally approved “passions”:
 anger
 rage
 fright
 terror
 wild desperation
 “Passion” that will not qualify for manslaughter
**revenge

Question 4

MPC § 210.3

Answer 4

Manslaughter is not defined by statute.
 DC uses the common law.
 “The elements of voluntary manslaughter in the District of Columbia—the unlawful killing of a human being without malice—could more accurately be said to be (1) an unlawful killing of a human being (2) with malice which has been mitigated by the presence of circumstances judicially recognized as reducing the degree of criminality.” – U.S. v. Bradford, 344 A.2d208 (D.C. 1975)
MPC § 210.3“Criminal homicide constitutes manslaughter when … a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be.” (p. 1028)
 Does Harris (p. 65) come out differently??