Homicides
What are the four mental states or a crime?
1. Purpose
2. Knowingly
3. Recklessness
4. Negligence
What element does every homicide have?
Result element
What is first degree murder? What is second degree murder?
First degree is premeditated - second degree is not.
What is a rule statement for murder with ER?
A person can be convicted of murder if they commit an act (leading to a killing) with "extreme recklessness" that demonstrates a depraved indifference having conscious disregard to human life.
How do you know someone committed a felony without looking at the crime in itself.
If an unintentional murder was committed in a Model Penal Code Jurisdiction what would the D be convicted of?
1. Negligent homicide
2. Reckless manslaughter (Involuntary manslaughter)
3. Murder with Extreme recklessness
What are the four elements of a crime and what they describe in the crime?
1. Conduct: Describes specific actions required for the crime (actus reus)
2. Result: Describes result required for the crime
3. Attendant Circumstance: Other circumstances required for the crime
4. Mental state: Describes the thinking/ attitude required for the crime.
What is substantial risk?
Is there significant chance that something harmful could occur. Its a risk that's serious enough to be concerned about and that can't be ignored.
What would be a Rule statement for felony murder?
A death caused during committing a felony that is considered "inherently dangerous" and that the death occurred during the commission of that felony.
What are the homicides with the intent to kill?
1. Murder with Intent to kill
2. First Degree
3. Provocation Defense
4. EMED Defense
Voluntary Manslaughter (MPC) and (CL)
MPC: a homicide that would be murder, but is reduced to manslaughter due to extreme mental or emotional disturbance.
CL: (1) occurs when someone kills another person in response to a severe provocation.
(2) (In casebook) upon a sudden quarrel or heat of passion.
What are the elements of manslaughter?
1. Murder committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse.
2. should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.
What is malice aforethought?
Malice may be expressed or implied:
Malice is expressed when there is manifested a deliberate intention to unlawfully take away a life of a fellow creature.
Malice can be implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
What is the rule statement for negligent homicide under MPC?
In order to commit negligent homicide a person should be aware of the substantial and unjustifiable risk that something was going to happen.
What are 4 examples of felonies that can not be merged with a felony; under the limitations of felony murder?
Robbery,
Arson,
Rape,
Kidnapping
What is the minimum requirement of culpability?
A person is not guilty unless he acted purposely, knowingly, recklessly, or negligently
What are the elements of Felony Murder?
(1) Kill + in the course of a felony.
while attempting, committing, or in flight after a felony.
Flight after = until the Defendant a point of temporary safety.
(2) Result (kill) + Attendant Circumstances (during a felony)
What does EMED Defense & REE stand for? and why is it important?
Extreme mental or emotion disturbance and reasonable explanation or excuse - It is important because it can reduce a murder to voluntary manslaughter
During a basketball game; Dallas became upset that his team started to lose. Victor who was scoring all the points for the opposing team was taunting Dallas, and would do a victory dance whenever he scores a basket.
Becoming more and more upset, Dallas was not intending to kill Victor but wanted to hurt him so he won't be able to play the rest of the game.
When the ball was passed to Dallas during the game, he grabbed the ball and threw it hard at Victor's head, Victor fell backwards and his head hit the court floor leading him to bleed to death.
What crimes if any did Dallas commit?
Negligent Homicide under MPC /CL
Involuntary Manslaughter under CL
Murder with ER
Murder with intent to cause serious harm or injury
(1) when someone unintentionally causes another person's death. It's a less serious form of homicide than murder.
(2) (In the casebook) in the commission of a lawful act, not amounting to to felony or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
What are the 7 homicides that do not have intent to kill?
1. Murder with Extreme Recklessness
2. Murder with Intent to serve bodily harm
3. Felony Murder
4. Involuntary Manslaughter (MPC)
5. Involuntary Manslaughter (Common Law)
6. Misdemeanor Manslaughter
7. Negligent Homicide
How would you know if a person is guilty of a crime within the mental state elements? (4)
(1) if individual purposely takes a substantial step toward commission of a crime.
(2) if individual knowingly committed the crime.
(3) A person is an accomplice to another person's crime if individual intentionally aids or encourages that crime.
(4) A person is guilty of murder if person kills another person with Malice aforethought.
What is the thick and thin definition for premeditation?
Thin: Must only have intent to kill "for an instant"
Thick: Some evidence that the D. considered and weighed his decision to kill. / "Ruthless, cold-blooded, calculating killing.
What should be in the analysis for an involuntary manslaughter murder committed in an MPC jurisdiction?
The D was not consciously aware of the consequences while committing the action that lead to the death of the V. The D consciously disregarded a substantial and unjustifiable risk.
What are the three elements under the Provocation defense of Voluntary Manslaughter?
(1) Defendant was in the heat of passion
(2) Defendant had an Adequate provocation
(3) Before cooling time had elapsed