First Degree Murder and Common Law Murder

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What is the definition of first degree murder under common law?

The unlawful killing of a human being with malice aforethought, including intent to kill or commit a felony.

What constitutes malice aforethought in the context of first degree murder?

Intent to commit a felony.

Based on the provided information, did Dan's action constitute intent to kill Vic under common law?

No, as it could be interpreted as an indication of his motive.

What was the immediate cause of Vic's death according to the provided information?

Hitting his head on the tile floor after falling down from being struck by Dan. Signup and view all the answers

What did Dan's action escalate from, according to the provided information?

Vic's complaint about Dan blocking the grocery store aisle. Signup and view all the answers

What could be considered as evidence of intent to inflict serious bodily injury in this scenario?

Striking Vic with a fist. Signup and view all the answers

What is the most suitable charge for Dan based on the given information?

Second degree murder Signup and view all the answers

Why is the charge of first degree murder not applicable to Dan?

He acted with deliberate intention to kill Vic Signup and view all the answers

What element is necessary for a charge of voluntary manslaughter?

Adequate provocation leading to loss of self-control Signup and view all the answers

Why does Dan's particular mental state not affect the assessment of adequate provocation?

Because the standard for adequate provocation is based on an objective, reasonable person's reaction Signup and view all the answers

What reflects Dan's intent to inflict serious bodily injury?

His shouting that he would kill Vic combined with his testimony of being provoked to violence Signup and view all the answers

What would be a suitable argument in favor of Dan's premeditation?

Dan's lack of animosity towards Vic prior to the incident Signup and view all the answers

Why does Dan's explosion in anger go against the charge of deliberate murder?

His actions were not cool and dispassionate Signup and view all the answers

Why is the charge of felony murder not applicable to Dan?

Dan did not commit an inherently dangerous felony Signup and view all the answers

What does voluntary manslaughter require in terms of provocation?

It should arouse sudden and intense passion causing loss of self-control Signup and view all the answers

Why is Dan's mental state irrelevant in assessing adequate provocation?

Because it is based on an objective, reasonable person's reaction Signup and view all the answers

What element does voluntary manslaughter hinge upon?

Existence of adequate provocation causing loss of self-control Signup and view all the answers

Why did the jury find Dan guilty of second degree murder?

Due to his reckless indifference for an unjustifiably high risk to human life when he killed Vic Signup and view all the answers

What must Dan demonstrate in order to meet the 'Reasonable Person Would Not Have Had Time to Cool' element of the test?

There was an appreciable time lapse between the exchange of words and the punch. Signup and view all the answers

According to the M’Naughten Rule, when is a defendant entitled to acquittal?

If he did not understand the nature and quality of his actions. Signup and view all the answers

Under the Irresistible Impulse Test, when is a defendant entitled to acquittal?

If he was provoked to violence by someone's remarks. Signup and view all the answers

What must Dan establish in order to meet the Durham/New Hampshire Test for insanity?

He had a mental disease or defect and couldn't stop himself from striking Vic. Signup and view all the answers

What aspect of the M'Naughten Rule did Dan fail to meet?

Not knowing that his act would be wrong. Signup and view all the answers

What did Dan's testimony indicate with regard to conforming his conduct to the requirements of the law under the ALI/MPC Test?

He understood that striking Vic could lead to Vic’s death. Signup and view all the answers

What is required for a defendant to be entitled to acquittal under the Durham/New Hampshire Test?

The crime would not have occurred but for his mental illness. Signup and view all the answers

What did Dan's inability to control his actions during the argument with Vic indicate?

That he was provoked to violence by Vic’s crude comments. Signup and view all the answers

What must Dan demonstrate in order to meet the 'Defendant Did Not Know His Act Was Wrong' aspect of the M’Naughten Rule?

He did not know that his act would be wrong. Signup and view all the answers

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?