MPC Homicide Flashcards
Criminal Homicide
- 1
1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being
2) Criminal homicide is murder, manslaughter, or negligent homicide
Murder
- 2
1) Except as provided in Section 210.3(1)(B), criminal homicide constitutes murder when
a) it is committed purposely or knowingly; or
b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed 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 robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping, or felonious escape.
Manslaughter
- 3
1) Criminal homicide constitutes manslaughter when:
a) it is committed recklessly; or
b) 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
Wha is extreme mental or emotional disturbance
1) sudden heat of passion
2) had diminished capacity to form men’s rea for murder (therefore manslaughter)
subjective component: extreme-intense feelings, loss of self-control
objective component: reasonable explanation or excuse- excuse of mental/ emotional state (not excuse of the killing)
Negligent Homicide
- 4
1) Criminal homicide constitutes negligent homicide when it is committed negligently
C/L heat of passion v. MPC extreme mental or emotional disturbance
1) MPC is much broader because does not require specific proactive acts and does not have a ‘no time to cool off rule’ so ongoing anger might be seen as reasonable
Purposely
A person acts purposely with respect to a material element of an offense when:
(i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
Knowingly
A person acts knowingly with respect to a material element of an offense when
(i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
(ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
Recklessly
A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.
Negligently
A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation
People v. Casassa
MPC. D stalked his ex and thought she was in love with him. She rejected him and he stabbed her many times and put her in the water to make sure she was dead. Extreme emotional disturbance is subjective but there must be a reasonable explanation or excuse for the mental disturbance (objective)
