First Degree Murder
Requirement for first-degree murder under CL, can be either express or implied
What is Malice?
The three types of second-degree murder
Killing with malice aforethought, but no P/D
Intending to inflict grievous bodily injury, but victim dies
Depraved heart murder
The reason for mitigation from First degree murder to manslaughter
The act is done in the heat of passion
Below criminal recklessness but above civil negligence
What is the mens rea requirement for Involuntary Manslaughter under CL
A coolness of purpose or reflection on the choice whether to kill, free from the influence of excitement or passion
What is deliberation?
Any person who commits an felony and all accomplices in that felony are guilty of murder if a death occurs during the commission or attempted commission of a felony
What is the Felony Murder Rule?
Reasonable provocation, sudden combat, or excessive use of force in self-defense
What are the categories of provocation in CL voluntary manslaughter?
An intentional wanton, willful, intentional violation (designed for protection of life and limb) of a statute which proximately and actually results in the death of another
What is culpable negligence which is needed for a conviction of Involuntary Manslaughter
"No time is too short" for this element within first-degree murder statutes, while others require it to be "a cognizable period of time"
What is premeditation?
The Mens rea required for a Felony Murder charge
Characteristics used in determining whether an actor's provocation was "reasonable" (MPC)
What is an actor's cultural background, age, and intelligence? (Extra, any personal handicaps must also be considered)
Knowledge of a situation requiring ordinary care and diligence to avoid injury
Ability to avoid the resulting harm through ordinary care
The omission to use such care and diligence to avert the threatened danger when to the ordinary mind it must be apparent that the result
What are the elements of criminal/gross negligence
The definition of Murder in the MPC
What is causing the death of someone purposely/knowingly
The Res Gestae Requirement within Felony Murder
What is the rule that the killing must occur during the felony, and not before or after, in order for Felony Murder to be viable
Distinction between CL and MPC for voluntary manslaughter
What is the provocation doesn't have to come from the decedent and there is no rigid cooling off requirement.
What is an act which would form the basis of an involuntary manslaughter charge
A felony not listed under an FMR statute
or
A felony involving assaultive conduct
What are felonies which can't form the basis of felony murder?
Idiosyncratic moral values such as a belief that one has the right to kill
What is characteristics not able to be considered in whether a provocation is reasonable.
Special Relationship
Contract
Statutory
Voluntary Assumption and Seclusion
Creation of Risk
What are reasons for establishing a duty which if breached could be the basis for involuntary manslaughter