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1. Murder: unlawful killing of a human being by another human being wit malice aforethought 2. Manslaughter: unlawful killing of a human being by another human being without malice aforethought
General Definition Common Law 1. The under involved premeditation and deliberation a. Premeditation: reflected upon and though about the killing in advance, No particular length of time is required i. Wink of an eye doctrine: cannot occur in an instant (minority of jurisdictions) b. Deliberation: the quality of the accuseds though process, undertaken with a cool head 2. The murder was committed using a means specified in the first degree murder statute, such as lying in wait, poison, torture 3. The murder occurred during the commission or attempted commission of an enumerated felony Model Penal Code MPC 210.1: Criminal homicide the purposeful, knowing, reckless, or negligent death of another human being Recklessly under circumstances manifesting extreme indifference of the value of human life recklessness and indifference is presumed if the actor is engaged in or is an accomplice to the commission of, attempt to commit, of flight after committing or attempting to commit, certain other crimes.

First Degree Murder

Depraved Heart Murder

One of the situations in which malice may be implied is when the individual who kills acts with an abandoned and malignant heart

Malice will be implied in a homicide case if it can be shown that the defendant acted with gross recklessness and an extreme indifference to human life, meaning that the defendant realized that his actions created a substantial and unjustified risk of death and yet went ahead and committed the actions anyway

(1) identify the risk, (2) is the risk substantial, (3) it is an unjustifiable risk, (4) was it a conscious disregard then compare the defendant to a reasonable person

Voluntary Manslaughter

Intentional killing that would normally qualify as Voluntary manslaughter is usually 2nd degree murder second degree murder, but which is reduced to the reduced to the lesser crime for 3 reason: lesser crime of voluntary manslaughter through the provocation (heat of passion) application of a partial defense, such as imperfect self defense provocation, imperfect self defense, or diminished diminished capacity capacity Provocation Homicide without malice aforethought A (1) MURDER committed in the (2) heat of passion i. The defendant actually acted in a heat of passion Three Approaches: ii. The heat of passion was provoked by an act or event - The Early Common Law (Categorical) Test that would have also provoked a reasonable person in - The Modern Reasonable Person Test the defendants shoes to lose control - The MPCs Extreme Mental or Emotional iii. The defendant did not have sufficient time to cool Disturbance Defense off between the provocative act of event and the killing iv. A reasonable person in the defendants hoes would not have had a sufficient time to cool Heat of Passion = 1. Sudden and intense reaction 2. Adequate provocation that would inflame an ordinary person; Words alone are not enough 3. NO cooling off period He or she brought about the death of another human being through criminal negligence, a legal term or art that is defined sometimes as gross negligence and sometimes as recklessness Two ways to secure Involuntary Manslaughter conviction - Prove criminal negligence - Misdemeanor Manslaughter Rule

committed under the influence of extreme mental and emotional disturbance for which there is reasonable explanation and excuse. The reasonableness of such explanations or excuse shall be determined from the viewpoint of a person in the actors situation under the circumstances, as he believes them to be.

Involuntary Manslaughter

Negligent Murder, see blow

There are 3 Difference Definitions: - Gross Negligence - Recklessness - Simple Civil negligence

Felony Murder

Person who kills during the commission or attempted commission of a felony

A (1) killing (2) during the course of a felony (Felony + Death)

Does not distinguish felony murder, but MPC raises a presumption of recklessness and indifference to human life if the during the commission or attempt of certain felonies.

Negligent Murder

210.4(1) A criminally negligent killing Equivalent to involuntary MS under the Common Law