Questions and Answers
What is the common law definition of murder?
What is malice aforethought?
Malice aforethought exists when there is no excuse justifying the killing, no adequate provocation, and the killing is committed with intent to kill, intent to commit great bodily injury, depraved heart killing, or intent to commit a felony.
Which of the following describes depraved heart murder?
What are the four elements of a crime?
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What constitutes voluntary manslaughter under common law?
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What defines involuntary manslaughter under common law?
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What does the willful, deliberate, premeditated formula pertain to?
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What is the significance of the term 'depraved heart'?
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What factors assess willful, premeditated, and deliberated murder?
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What is implied malice?
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The formula for voluntary manslaughter includes _________ provocation.
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What does the MPC section 210.2 establish?
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What is the difference between first-degree murder and second-degree murder?
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Study Notes
Murder Definition (Common Law)
- Unlawful killing of a human being without justification or excuse.
- Requires malice aforethought.
Malice Aforethought
- Exists without justifiable excuses or adequate provocation.
- Involves intent to kill, intent to cause great bodily injury, depraved heart killing, or intent to commit a felony.
Depraved Heart Murder
- Characterized by willful disregard for human life.
- Defendant knowingly acted with high risk to others.
Four Elements of Crime
- Consists of guilty act (actus reus), guilty mind (mens rea), concurrence, and causation.
- Concurrence means the defendant had a guilty mind at the time of the act.
Voluntary Manslaughter
- Intentional killing under adequate provocation, imperfect self-defense, or diminished capacity.
Involuntary Manslaughter
- Unintentional killings resulting from criminal negligence or misdemeanor-murder.
Proving Intent
- Ordinary people intend the natural consequences of their actions.
- Intent inferred through circumstances, especially use of deadly weapons.
Willful, Deliberate, Premeditated Homicide
- Willfully committed with specific intent to kill.
- Premeditated if thought about beforehand; deliberated if major facets evaluated.
Second Degree Murder (Bodily Injury)
- Malice aforethought implied through intent to kill without premeditation.
- Grievous bodily injury that results in death falls under this definition.
Case Law: Guthrie
- Differentiates first-degree murder (premeditated) from second-degree murder (intent to kill).
Case Law: Midgett
- Child abuse evidence insufficient to prove first-degree murder premeditated intent.
Case Law: Forrest
- Killing to prevent suffering still regards as first-degree murder if willful and premeditated.
Assessing Willful, Premeditated Murder (Forrest Factors)
- Evaluates provocation, defendant's conduct before and after, threats, and history with the victim.
Second Degree Murder (Depraved Heart)
- Implied malice through gross recklessness and indifference to human life.
Implied Malice
- Conduct shows disregard for life, warranting the same liability as intentional killing.
Depraved Heart Murder Examples
- Includes actions like reckless driving, shooting into occupied spaces, or executing dangerous games.
Case Law: Knoller
- Defendants maintained dangerous dogs leading to extreme recklessness resulting in death.
Conscious Disregard
- Defendant aware of the risks yet chooses to act, leading to reckless conduct.
Substantial Risk
- Determined by the likelihood of harm occurring and its severity.
Unjustifiable Risk
- Conduct evaluated based on whether an interest justified the risk taken.
Awareness of Risk (Hall Case)
- Slight risk of death sufficient to satisfy requirements for involuntary manslaughter.
Case Law: Welansky
- Nightclub owner failed to secure safety, leading to charges of reckless manslaughter.
Involuntary Manslaughter (Criminal Negligence)
- Mental state of gross negligence when the defendant should be aware of risks.
Voluntary Manslaughter Elements (Common Law)
- Requires intentional homicide in sudden passion caused by adequate provocation.
- Legally adequate provocation.
- Actual passion arousal.
- Insufficient cooling time.
Variation in Voluntary Manslaughter Jurisdiction
- Relaxed requirements for provocation, including prolonged provocation and allowance for cumulative events.
Case Law: Girouard
- Words alone insufficient for provocation to qualify as voluntary manslaughter.
Manslaughter (Unlawful Act Doctrine)
- Accidental homicide occurring during the commission of an unlawful act.
MPC Section 210.2 (Murder)
- Defined by purposeful, knowing, or reckless conduct with extreme indifference to human life.
MPC Section 210.3 (Manslaughter)
- Reckless conduct or conduct under extreme mental disturbance qualifies as manslaughter.
Case Law: Casassa
- Stalking leading to murder under extreme emotional disturbance, yet charges maintained.
MPC Section 210.4 (Negligent Homicide)
- Homicide through negligent conduct, failing to recognize substantial risks.
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Description
Test your knowledge on the legal definitions and elements of murder under common law. This quiz covers key concepts such as malice aforethought, voluntary and involuntary manslaughter, and the four essential elements of a crime. Dive into the intricacies of what constitutes unlawful killing and the implications of intent in various scenarios.
