MPC Homicide Flashcards
Criminal Homicide
(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
Criminal Homicide constitutes murder when (a) it is committed purposely or knowingly or (b) it is committed recklessly under circumstances manifesting extreme indifference to human life, which is presumed if (c) occurring during an enumerated felony including: robbery, rape, arson, burglary, kidnapping, or felonious escape
Manslaughter
Criminal homicide constitutes manslaughter when (a) committed recklessly, or (b) when a homicide which otherwise would be murder is committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse from the actors POV
Negligent Homicide
Criminal homicide constitutes negligent homicide when committed negligently
State v Dumlao (1986)
Facts: D convicted of murder. Dr. testifies he has paranoid personality disorder. He was always paranoid that his wife was cheating on him, even with her family. He appeals, asking for instruction on MPC manslaughter.
Rule: Individual who a) has no mental disease or defect for NGRI (insanity) b) is exposed to an extremely unusual and overwhelming stress and c) has an extreme emotional reaction to it as a result of which there is a loss of self control and reason is overborne by intense feelings, such as passion, anger, distress, grief, excessive agitation, or other similar emotions, can have their murder charge dropped down to manslaughter.
Must be R from the POV of the D. Can take into account sex, sexual preference, physical ability, etc. Jury has wide latitude.
Holding: If there is evidence to establish that a D was under extreme emotional distress which was R from their POV, then the judge must give the MPC manslaughter jury instructions.
