Murder Definitions Quiz: Common Law Elements Explained

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Questions and Answers

What is the common law definition of murder?

Unintentional killing of a human being

Unlawful killing of a human being with malice aforethought (correct)

Justifiable killing of a human being

Excusable killing of a human being

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?

Killing with intent to commit great bodily injury

Killing in self-defense

Wanton disregard for human life (correct)

Killing in a fit of passion

What are the four elements of a crime?

<ol> <li>A guilty act (actus reus) 2) A guilty mind (mens rea) 3) Concurrence 4) Causation</li> </ol> Signup and view all the answers

What constitutes voluntary manslaughter under common law?

Intentional killing that would be considered murder but for the existence of adequate provocation, imperfect self-defense, or diminished capacity. Signup and view all the answers

What defines involuntary manslaughter under common law?

Unintentional killing that results from criminal negligence or misdemeanor-murder. Signup and view all the answers

What does the willful, deliberate, premeditated formula pertain to?

First-degree murder Signup and view all the answers

What is the significance of the term 'depraved heart'?

It refers to a tacit understanding that a person's actions show gross recklessness and a disregard for human life. Signup and view all the answers

What factors assess willful, premeditated, and deliberated murder?

<ol> <li>Lack of provocation from victim 2) Words and actions of defendant before and after killing 3) Any threats made by defendant 4) History between victim and defendant 5) Brutality/victim helplessness</li> </ol> Signup and view all the answers

What is implied malice?

Implied malice refers to a situation where there is no intent to kill, but the defendant's conduct is so deficient in moral regard for others that it warrants the same criminal liability as intentional killing. Signup and view all the answers

The formula for voluntary manslaughter includes _________ provocation.

adequate Signup and view all the answers

What does the MPC section 210.2 establish?

Murder is defined as committed purposely or knowingly Signup and view all the answers

What is the difference between first-degree murder and second-degree murder?

First-degree murder requires premeditation and deliberation, while second-degree murder only requires intent to kill. Signup and view all the answers

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.

Common Law Murder Definitions and Elements

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