First Degree Murder and Common Law Murder
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Questions and Answers

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?

  • 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?

  • 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?

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

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

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

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

    <p>Striking Vic with a fist.</p> Signup and view all the answers

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

    <p>Second degree murder</p> Signup and view all the answers

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

    <p>He acted with deliberate intention to kill Vic</p> Signup and view all the answers

    What element is necessary for a charge of voluntary manslaughter?

    <p>Adequate provocation leading to loss of self-control</p> Signup and view all the answers

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

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

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

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

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

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

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

    <p>His actions were not cool and dispassionate</p> Signup and view all the answers

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

    <p>Dan did not commit an inherently dangerous felony</p> Signup and view all the answers

    What does voluntary manslaughter require in terms of provocation?

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

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

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

    What element does voluntary manslaughter hinge upon?

    <p>Existence of adequate provocation causing loss of self-control</p> Signup and view all the answers

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

    <p>Due to his reckless indifference for an unjustifiably high risk to human life when he killed Vic</p> 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?

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

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

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

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

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

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

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

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

    <p>Not knowing that his act would be wrong.</p> 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?

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

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

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

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

    <p>That he was provoked to violence by Vic’s crude comments.</p> 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?

    <p>He did not know that his act would be wrong.</p> 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?

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

    What aspect of Dan's behavior indicates that he could not stop himself from striking Vic?

    <p>His testimony that he couldn’t stop himself from striking Vic</p> Signup and view all the answers

    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?

    <p>He could not stop himself from striking Vic.</p> Signup and view all the answers

    What does Dan's history of mental illness and continued erratic behavior despite treatment indicate?

    <p>That he had a mental disease or defect.</p> Signup and view all the answers

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