Murder Flashcards
Homocide
The killing of a human by another human being
CL Murder
The intentional killing of a human being by another human being with malice aforthouyght and without justification, excuse, or mitigating circumstances
CL Malice
When a person unjustifiably, inexcusably, and in the absence of any mitigating circumstances, kills a person with any one of the 4 mental states
CL 4 mental states of malice aforethought
Intent to kill
Intention to inflict grevious bodily injury
depraved heart
Intention to commit felony
CL Depraved heart
Condcut that manifests an extremely reckless disregard for the value of human life
1 conscious awareness
2 a risk that is foreseeable
3 a risk that is substantial and unjustifiable
Degrees of murder
o Two categories: 1st degree and 2nd degree.
• 1st degree: killing was deliberate and premeditated.
• 2nd degree: all other murders.
1st degree murder CL
willful (intentional/malice aforethought), and premeditated thought about beforehand may be split second) murder and deliberated (to measure and evaluate the major facets of a choice- cool mind)
Premeditation
premeditation considers the quantity of time taken to form the intention to kill;
deliberation
deliberation concerns the quality of thinking process during this time. It is possible to premeditate without deliberating, but deliberation requires premeditation.
How to prove D’s state of mind
- D’s conduct in light of the surrounding circumstances
- Natural and probable consequences inference~ a jury may infer (not presume) that a person intends the natural and probable consequences of their actions
- A jury may infer an intent to kill if D intentionally uses a deadly weapon directed at the vital part of the human anatomy
Guthrie
there must be some period between the formation of the intent to kill and the actual killing, which indicates that the accused is fully conscious of what he intended, to support a conviction for 1st degree murder.
Not guilty of first because acted instantly
Morrin
The time necessary is impossible to determine, the interval between initial thought and ultimate actions should be long enough to afford a reasonable man time to subject the nature of his response to a “second look.” Under this rule perhaps Guthrie would be found not guilty of first degree murder but rather 2nd degree
Midgett
insufficient to establish premeditation and deliberation required for 1st degree murder. Evidence only supports that D intended not to kill son but to abuse him further. Evidence sufficient to sustain a conviction of 2nd degree murder. After case AR law amended to finding of 1st degree murder where extreme indifference to value of human life one knowingly causes the death of a person 14 yrs of younger.
State v Forrest
fired four shots point blank at his father’s temple, cocking the pistol each time he fired. D acknowledged killing his father and said he promised his dad he wouldn’t let him suffer. D convicted of 1st degree murder and appealed. Rule/Holding. To determine premeditation and deliberation take into account circumstances: want of provocation, D’s conduct and statements before and after killing, D’s threats and declarations before and during the occurrence, ill will or previous difficulty between the parties, dealing of lethal blows after deceased has been felled and rendered helpless, and evidence that the killing was done in a brutal manner.
*Controversy: definitions imply that one who premeditates taking the life of a terminally ill relative is guilty of a higher degree than someone who kills spur of the moment with no thought at all.
CL 2nd degree
INTENTIONAL unlawful killing w/ willful malice aforethought but NO premeditation or deliberation. (assuming there is no justification, excuse, or mitigation)
In states that divide murder into degrees, a “depraved-heart/extreme recklessness” homicide and “intent to inflict grievous bodily injury”
ordinarily is second-degree murder.
Murder: Intent to Inflict Great Bodily Harm (“GBH”)
• D acts with malice aforethought if she intends to inflict GBH on another person.
o if a death results → guilty of murder
• Grievous Bodily Injury/Great Bodily Harm/Serious bodily injury—defined by statute or court
injury that imperils life or that is likely to be attended with dangerous or fatal consequences
** Premeditation and deliberation do not exist in
MPC
Dilebration
o A “cold-blooded” mental calculation and measurement of the choice about to be made.
o D’s mind is free of “excitement or passion.”
- MPC has no distinction between
1sy and 2nd degree murder
MCPCriminal homicide is murder when
4) it is committed purposely or knowingly or
5) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life.
Code abandons “malice aforethought”
and replaces it with purposefully or knowingly
CL - MPC CORALLARIES
6) Intent to kill→purposefully or knowingly
7) Intent to inflict Grievous Bodily injury→”extreme recklessness”
8) Depraved Heart→”extreme reckless”- but explicitly requires proof of advertent risk-taking, risk-taking must be “substantial and unjustifiable”
9) Felony Murder Rule→reckless indifference to human life is presumed if person causes the death during the commission of one of the felonies enumerated in the code (weak presumption though-does not shift the burden of proof)