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Homicide (Second Degree Homicide: (1) Intentional (2) Malice (3) No…
Homicide
Second Degree Homicide: (1) Intentional (2) Malice (3) No premeditation or (1) Unintentional (2) Depraved Heart/Grossly reckless
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Malice Aforethought: Was it with Malice aforethought? if yes, then likely first degree.
Implied Malice: In order to be convicted of second degree murder on a theory of implied malice, it must be proved that the defendant had a conscious or willful disregard for human life (People v. Knoller; dog case).
Reckless Homicide: When an individual commits an act of gross negligence for which he must reasonably anticipate that death to another is likely to result, he exhibits that "wickedness of disposition; hardness of heart; cruelty; recklessness of consequences and a mind regardless of social duty." (Commonwealth v. Malone; Russian roulette case).
MPC Degrees of Homicide:
Murder is a felony in the first degree if (1) it is committed purposefully or knowingly; or (2) it is committed recklessly under circumstances showing an indifference to the value of human life.
Manslaughter is a felony of the second degree if (1) committed recklessly; or (2) 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. Evaluate from the perspective of a reasonable person in the actor's situation.
Negligent homicide is a felony if the third degree if (1) it is committed negligently (or no awareness of risk).
Felony Murder: MPC does not adopt the felony murder rule per se. MPC established a rebut-table presumption of reckless manifesting extreme indifference to the value of human life for some crimes. I.e. robbery, rape, or deviant sexual intercourse.
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