unlawful killing of a human being by another human being
MPC + CL: Mens Rea: Malice Aforethought
intent to kill
Express malice: intends to kill
implied malice: shown in any other way
deadly weapon rule: use to harm vital organ
intent to bodily injure
can be shown by: N&PC
even if did not consciously intent to kill but person die due to serious injury still murder
An abandoned or malignant heart / depraved heart
Depraved Heart Murder 2nd Muder
CL: implied malice. shown that the D acted w. gross EXTREME recklessness + manifested an extreme indifference to human life.
1.D consciously knows of substantial risk.
2.D consciously disregarded a substantial and unjustifiable risk that death or serious bodily injury might occur as a result of his indifference and went ahead and committed risk anyway
CL/2nd Murder FMR: intent to do felony + A person who kills under the perpetration or attempted commission of a qualifying unen felony. includes accomplies. strict liability. legal fiction. artifially imposes malice. no actual malice
1st Murder: occurred during an enumerated felony
inherently dangerous: 2nd murder if done during an inherently dangerous activity not included as enumerated felony, T
here will be a loss of life by nature of felony. high probability in the abstract. (manufactuing drugs is dangerous b/c cannot be committed w/out hazardous substances or heat).
res gestae: 1, felony and homicide must be in close time and space until felon reaches temporary safety2. casual connection
until felon reaches temp safety. cannot occur before
requires more than but for the acts or act causing death must have been directly calculated to further the felony or was necessitated in the commission of the felony
Agency Rule: majority rule: if third person(not the felon or accomplice) kills not FMR
merger doctrine: cannot merge underlying felony must be an indp crime and not part of the purpose to kill.
indp purpose for both results. person was there not to kill initially
Degrees of Murder
2nd Murder; intent to kill, intent to BI, depraved heart. NO P+D
IF: intent to kill or FMR (unenumerated felony)
premeditation + deliberation
2 more items...
was committed using a means specified in the 1st murder statute
3 more items...
FMR: murder was committed during the commission or attempted commission of an enumerated felony
1 more item...
under circumstances of extreme indifference to human life
the intention to kill, actual or implied, under circumstances which do not constitute excuse or justification or mitigate the offense to manslaughter.
MALICE always presumed w/ a deadly weapon
MPC + CL: w/out Malice Aforethought
It is committed recklessly but w/out circumstantial indifference to human life
committed under the influence of extreme emotional or mental disturbance for which there is reasonable explanation or excuse
CL version for HOP
an intentional killing that would normally qualify as 2nd murder but is reduced to the lesser crime of VL ML through application of defense = provocation (Heat of passion), imperfect SD, or diminished capacity
brought about death of a person through criminal NG
CL: recognized Vehicular ML
There is an intent to kill or BI but mitigated b/c there is a legally adequate provocation not mere SD.
Early CL test (categorical)
a person is killed in response to:
an aggravated assault or battery
observation of a serious crime against a close relative
catching one's wife in act of adultery observing not being informed. men not women
MERE WORDS CANNOT PROVOKE
Modern Reasonable Person test = CL
D acted in a HOP
D was reasonably provoked in a HOP
during the time and acted killed in state of HOP
D did not have time to cool off between provocation and killing
a reasonable person in the D's shoes would not have time to cool off
will make ordinary reasonable person liable to act out of passion instead of judgment.
casual connection between HOP + killing
provocation caused killing
misdirected retaliation rule: person killed was the provoker
cummulative provocation has to provoke
under the influence of extreme mental emotional disturbance for which there is reasonable explanation and excuse. loss of self control due to intense feelings
subjective point of view of reasonableness
1 more item...
Implied malice. risking substantial harm that is not necessarily deadly. analyze what level of risk
to secure conviction:
Mens rea: criminal NG mind
wanton or reckless mind: duty of care but failed. w/in scope of duty. risk of injury.
probable harmful consequences
duty but omission to act to avoid harm
a reasonable man under same circumstances knows harm
gross NG= Should have been aware of substantial and justifiable risk that death or serious Bi might occur from actions. oBJ
unintentional killing caused by the commission of any act—even a lawful one—in a criminally negligent manner 2 types 1. criminal NG mind. NG but its more than NG 2. unlawful act act that is wrongful b/c it is prohibited by law
Contemporary US Con law
Planned parenthood: takes into account viability "life after born"
death: brain death
Prohibition of homicide is once person is born alive
Not measuring evilness= measuring intent to murder