Offenses Against The Person

Question 1

Murder

Answer 1

Unlawful killing of a human being with malice aforethought.

Question 2

Malice aforethought

Answer 2

In the absence of facts excusing homicide or rescuing it to voluntary manslaughter, malice aforethought exists if D has any of these states of mind

1. Intent to kill
2. Intent to inflict great bodily injury
3. Reckless indifference to an unjustifiably high risk to human life (depraved heart)
4. Intent to commit a felony (felony murder)

Deadly weapon rule: intentional use of deadly weapon authorizes a permissive inference of intent to kill.

Question 3

Voluntary manslaughter

Answer 3

A killing that would be murder but for the existence of adequate provocation. Provocation adequate only if:

1. Provocation would arouse sudden and intense passion in the mind of an ordinary person
2. Causing him to lose self-control
3. Not sufficient time between provocation and killing for passions of reasonable person to cool; and
4. D in fact did not cool off between provocation and killing

Question 4

Involuntary manslaughter

Answer 4

A killing is involuntary manslaughter if it was committed with criminal negligence or recklessness (MPC) ir during commission of unlawful act.

Negligence: person acts negligently when he fails to be aware of a substantial and unjustifiable risk and failure is a substantial deviation from the standard of care a reasonable person would have exercised.

Recklessness: consciously disregards a substantial and unjustifiable risk and disregard constitutes a gross deviation from the standard of care.

Question 5

Imperfect self defense

Answer 5

Murder may be reduced to manslaughter even though

1. D was at fault in starting the altercation or
2. D unreasonably but honestly believed in the necessity of responding with deadly force