Intentional Killing

Question 1

First degree intentional killing

Answer 1

• Malice,
• premeditation, and
• deliberation

Question 2

First degree unintentional killing

Answer 2

Felony murder

Question 3

Second degree intentional killing

Answer 3

• Malice but no premeditation and deliberation

- Impulse

Question 4

Second degree unintentional killing

Answer 4

• Malice and recklessness

- Abandoned and malignant heart

Question 5

Common Law mens rea for murder

Answer 5

The killing of a human by another with malice aforethought

Question 6

Common law malice, states of mind

Answer 6

(1) Intention to kill a human being
(2) Intention to inflict grievous bodily injury
(3) An extremely reckless disregard for the value of human life (depraved heart)
(4) Intention to commit a felony during the commission or attempted commission of which the death results (felony murder)

Question 7

Premeditation

Answer 7

Quantity of thought (time thinking about the killing)

Question 8

Deliberation

Answer 8

Quality of thought (how clearly you were able to think about it)

Question 9

MPC difference

Answer 9

A purposeful killing is murder, whether you thought about it for a second or a year.

Question 10

MPC Criminal Homicide

Answer 10

• A person is guilty of homicide if they unjustifiably and inexcusably take the life of another human being purposely, knowingly, recklessly, or negligently.
• Purposely, knowingly, or recklessly

Question 11

MPC recklessness

Answer 11

Recklessness and indifference presumed if the actor or his accomplice engaged in the commission or attempted commission of or flight from specific felonies

Question 12

Recklessness

Answer 12

(1) Conscious disregard of a
(2) Substantial (magnitude of harm times probability of harm) and
(3) Unjustifiable risk that constitutes a
(4) Gross deviation from the standard of care of a reasonable person