CL Murder
Felony Murder/ MPC Murder
Manslaughter
Degrees of Murder
Other
100
Define murder at CL
What is the unlawful killing of another human being with malice aforethought
100
Define MPC Murder
What is The unlawful homicide of a person committed purposely or knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.
100
definition of CL manslaughter
The unlawful killing of another human being without malice aforethought.
100
Is % of murder under MPC or CL or Neither
What is Neither
100
Explain Year and a Day rule
What is Death must occur within a year and a day of defendant's act.
200
What does murder need?
What is Criminal act: Actus Reus Guilty Mind: Mens Rea
200
Explain the inherently dangerous rule
What is If While in the commission of crime death could result
200
MPC Definition of manslaughter
What is Recklessly or a homicide which would otherwise be murder committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse.
200
1st degree, requires to prove person acted with:
What is Premeditation and deliberation
200
Explain Born Alive Rule
What is For the purposes of murder, a human being is someone born and not a fetus. Must have taken first breath
300
what is mens rea element of murder at CL?
What is Malice Aforethought
300
Explain Merger rule
What is The criminal homicide must be separate from crime (felony). Has to be an independent felony not included in fact to qualify for Felony murder. If felony is included in fact then it merges.
300
Name and explain two types of manslaughter
What is voluntary manslaughter: An intentional homicide done in a sudden heat of passion caused by adequate provocation before there’s been a reasonable opportunity for the passion to cool. involuntary manslaughter: unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection
300
Explain Premeditation
Prior time for consideration
300
Define death
What is the irreversible cessation of heart and lungs or entire brain function.
400
Name and explain for states of mind for malice aforethought
What is Intent to kill Intent to cause grave bodily harm: Person intended to cause great bodily injury as a result of injuries victim dies. depraved heart: aware act has an unusual high risk of causing death felony murder: Homicide committed during the commission or attempted commission of a felony
400
Name the culpable mental states of MPC
What is Purposely, knowingly, negligently, recklessly
400
Name the Legally adequate provocation
What is Adultery Assault & battery Assault & battery on immediate family member Illegal Arrest Mutual Combat
400
What is Deliberation
What is To reflect with a view to make a choice. If you reflect even for a moment it is sufficient for deliberation.
400
Man drives 5mph over the speed limit. Construction worker stumbles in front of car and dies. Does man have criminal liability?
What is No. At most could be negligent homicide. However, plaintiff will have to prove that Defendant should have been aware of risk and that the risk was a significant and unjustifiable risk & action was gross deviation from what the RPP would do.
500
Explain Felony Murder & name ways jurisdiction have tried to limited it.
What is One is guilty of murder if a killing results during the commission or attempted commission of a felony. Inherently dangerous rule & the merger rule
500
Explain the culpable mental States of MPC
What is Purposely: Conscious object Knowingly: Practically sure Recklessly: aware of risks. (Conscious disregard), significant & unjustifiable risk, gross deviation from how a law abiding citizen would act Negligently Should be aware of the risk. The risk was a significant & unjustifiable risk and person acted with gross deviation from how a law-abiding person would act.
500
How does the finder of facts (jury or judge) make the social value judgment as to whether or not act is reasonable
What is take into account the fact as killer believed them to be. Can you see yourself acting the same if you were in that person’s place?
500
Name and explain MPC Homicide Liabilities
What is Murder: Recklessly + under circumstances manifesting an extreme indifference to the value of human life. Manslaughter: Recklessly + conscious disregard + significant & unjustifiable risk + Gross deviation from how law abiding person would act Negligent Homicide: Negligently + should have been aware + Significant and unjustifiable risk + Gross Deviation from how law abiding citizen would act
500
Explain what the Thomas test & Philips tests both require
What is Thomas test & Philips test: both require that conduct for depraved heart murder (implied malice) requires a conduct that requires a HIGH risk of death. they also require a mental state that shows an awareness of risk of death
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