Podcast
Questions and Answers
What is the definition of first degree murder under common law?
What is the definition of first degree murder under common law?
- The reckless indifference to an unjustifiably high risk to human life.
- The unlawful killing of a human being with malice aforethought, including intent to kill or commit a felony. (correct)
- The unlawful killing of a human being with intent to inflict serious bodily injury.
- The deliberate and premeditated killing of a human being.
What constitutes malice aforethought in the context of first degree murder?
What constitutes malice aforethought in the context of first degree murder?
- Intent to inflict serious bodily injury only.
- Intent to kill only.
- Intent to commit a felony. (correct)
- Reckless indifference to an unjustifiably high risk to human life.
Based on the provided information, did Dan's action constitute intent to kill Vic under common law?
Based on the provided information, did Dan's action constitute intent to kill Vic under common law?
- No, because striking someone with one's fist usually does not result in death.
- Yes, because he struck Vic with his fist.
- Yes, because he shouted that he would kill Vic just before striking him.
- No, as it could be interpreted as an indication of his motive. (correct)
What was the immediate cause of Vic's death according to the provided information?
What was the immediate cause of Vic's death according to the provided information?
What did Dan's action escalate from, according to the provided information?
What did Dan's action escalate from, according to the provided information?
What could be considered as evidence of intent to inflict serious bodily injury in this scenario?
What could be considered as evidence of intent to inflict serious bodily injury in this scenario?
What is the most suitable charge for Dan based on the given information?
What is the most suitable charge for Dan based on the given information?
Why is the charge of first degree murder not applicable to Dan?
Why is the charge of first degree murder not applicable to Dan?
What element is necessary for a charge of voluntary manslaughter?
What element is necessary for a charge of voluntary manslaughter?
Why does Dan's particular mental state not affect the assessment of adequate provocation?
Why does Dan's particular mental state not affect the assessment of adequate provocation?
What reflects Dan's intent to inflict serious bodily injury?
What reflects Dan's intent to inflict serious bodily injury?
What would be a suitable argument in favor of Dan's premeditation?
What would be a suitable argument in favor of Dan's premeditation?
Why does Dan's explosion in anger go against the charge of deliberate murder?
Why does Dan's explosion in anger go against the charge of deliberate murder?
Why is the charge of felony murder not applicable to Dan?
Why is the charge of felony murder not applicable to Dan?
What does voluntary manslaughter require in terms of provocation?
What does voluntary manslaughter require in terms of provocation?
Why is Dan's mental state irrelevant in assessing adequate provocation?
Why is Dan's mental state irrelevant in assessing adequate provocation?
What element does voluntary manslaughter hinge upon?
What element does voluntary manslaughter hinge upon?
Why did the jury find Dan guilty of second degree murder?
Why did the jury find Dan guilty of second degree murder?
What must Dan demonstrate in order to meet the 'Reasonable Person Would Not Have Had Time to Cool' element of the test?
What must Dan demonstrate in order to meet the 'Reasonable Person Would Not Have Had Time to Cool' element of the test?
According to the M’Naughten Rule, when is a defendant entitled to acquittal?
According to the M’Naughten Rule, when is a defendant entitled to acquittal?
Under the Irresistible Impulse Test, when is a defendant entitled to acquittal?
Under the Irresistible Impulse Test, when is a defendant entitled to acquittal?
What must Dan establish in order to meet the Durham/New Hampshire Test for insanity?
What must Dan establish in order to meet the Durham/New Hampshire Test for insanity?
What aspect of the M'Naughten Rule did Dan fail to meet?
What aspect of the M'Naughten Rule did Dan fail to meet?
What did Dan's testimony indicate with regard to conforming his conduct to the requirements of the law under the ALI/MPC Test?
What did Dan's testimony indicate with regard to conforming his conduct to the requirements of the law under the ALI/MPC Test?
What is required for a defendant to be entitled to acquittal under the Durham/New Hampshire Test?
What is required for a defendant to be entitled to acquittal under the Durham/New Hampshire Test?
What did Dan's inability to control his actions during the argument with Vic indicate?
What did Dan's inability to control his actions during the argument with Vic indicate?
What must Dan demonstrate in order to meet the 'Defendant Did Not Know His Act Was Wrong' aspect of the M’Naughten Rule?
What must Dan demonstrate in order to meet the 'Defendant Did Not Know His Act Was Wrong' aspect of the M’Naughten Rule?
What must Dan establish in order to meet the 'Defendant Did Not Understand the Nature and Quality of His Actions' aspect of the M’Naughten Rule?
What must Dan establish in order to meet the 'Defendant Did Not Understand the Nature and Quality of His Actions' aspect of the M’Naughten Rule?
What aspect of Dan's behavior indicates that he could not stop himself from striking Vic?
What aspect of Dan's behavior indicates that he could not stop himself from striking Vic?
What must Dan demonstrate in order to meet the 'Defendant Was Unable to Conform His Conduct to the Law' aspect under the Irresistible Impulse Test?
What must Dan demonstrate in order to meet the 'Defendant Was Unable to Conform His Conduct to the Law' aspect under the Irresistible Impulse Test?
What does Dan's history of mental illness and continued erratic behavior despite treatment indicate?
What does Dan's history of mental illness and continued erratic behavior despite treatment indicate?
