Homicide Terms Flashcards
Mens rea of homicide
Key divide was between:
Murder = killing w malice a forethought (established in 1/4 ways)
1. Intent to kill
2. Intent to cause grave bodily injury
3. Depraved heart (extreme recklessness)
4. Felony murder
Manslaughter =
1. Intentional killings in “adequate provocation” doctrine
2. Killings with ordinary (not extreme) recklessness
3. Killings committed during certain misdemeanors
Murder distinction
1st degree = intent to kill with deliberation & premeditation
Deliberation = requires a cool mind capable of reflection
Premeditation = requires one with cool mind did in fact reflect, at least for short period before act of killing
- Some appreciable time necessary
- Capacity to premeditate can be prevented by emotional state, intoxication, mental incapacity
- Determined by circunstancial evidence
Look for;
1. Planning activity
2. Prior relationship
3. Nature of killing
2nd degree = with purpose of knowledge (intent) to kill but without premeditation/deliberation
Heat of passion / provocation killings
- Not as bad as predmeditated
- Certain provocations create mental disturbance less culpable
- “Victim is partially at fault”
Ashworth categories where provocation recognized:
1. Angry words following assault
2. Sight of friend or relative beaten
3. Sight of citizen being unlawfully deprived of liberty
4. Adultery
Heat of passion CL v. MPC
CL IDs legally adequate provocation categories while MPC ignores them—just looks for a subjective mental/emotional disturbance
MPC subjective explanation of actor’s situation:
- blindness
- shock from traumatic I jury
- extreme grief
NOT considered:
- idiosyncratic moral values, “the reasonable assassin”
- voluntary intoxication
move from CL —> MPC has allowed more defenses to go to jury
Depraved Heart / Exteme indifference
- bumps up to 2nd degree murder
- not only a high risk, but totally unacceptable to take
- conduct with no social utility
Depraved heart CL vs. “recklessness” under MPC
All same except CL many jurisdictions do not require D be subjectively aware of risk, while MPC requires subjective understanding of risk
