Murder
The unlawful killing of another human being with malice aforethought.
What is murder (first or second degree)?
This is the unlawful killing of another human being without malice aforethought.
What is Manslaughter?
Under the MPC, this offense replaces the common law categories of first- and second-degree murder and applies to killings committed purposely, knowingly, or with extreme recklessness.
What is murder?
At common law, this term describes a killing done intentionally and unlawfully, but without premeditation or deliberation.
What is second-degree murder?
This type of manslaughter occurs when a person kills in the “heat of passion” following adequate provocation.
What is voluntary manslaughter?
This MPC homicide is committed under extreme mental or emotional disturbance for which there is a reasonable explanation or excuse.
What is Manslaughter?
Under common law, malice aforethought can be shown by intent to kill, intent to cause grievous bodily harm, felony murder, or this.
What is depraved heart (or abandoned and malignant heart) or "extreme reckless" murder?
At common law, a killing caused by criminal negligence or during an unlawful act not amounting to a felony is classified as this.
What is involuntary manslaughter?
Under the MPC, "murder" requires a mens rea of purpose or knowledge, or this.
What is recklessly under circumstances manifesting extreme indifference to the value of human life?
Some jurisdictions limit felony murder to this type of felony, thereby excluding a wide range of felonies, such as the felony committed in People v. Fuller.
What is a dangerous felony?
To reduce murder to voluntary manslaughter, the defendant must have been provoked, acted in the heat of passion, and before they had a chance to do what?
What is “cool off” (or regain self-control)?
The MPC does not have felony murder. However, MPC does have this if the actor is engaged in or is an accomplice in the commission of a robbery, rape, arson, burglary, kidnapping, or felonious esacpe.
What is a presumption (of reckless under circumstances manifesting extreme indifference to the value of human life)?
Under common law, a killing committed with an intent to cause serious bodily injury, even without an intent to kill, can still constitute this.
What is murder?
A killing that occurs during the commission of a misdemeanor or a non-dangerous felony may be charged as this form of manslaughter under the “unlawful act” doctrine
What is misdemeanor manslaughter (or unlawful act manslaughter)?
Under the MPC, Murder can be reduced to a lower level homicide if the actor committed the homicide under Extreme mental or emotional disturbance for which there is a reasonable explanation or excuse. The test to determine if the actor meets the two elements is a mix of these two perspectives.
What is subjective and objective?