COMMON LAW MURDER Intentional Killing with Malice aforethought. Malice Aforethought: 1.) Intentional Killing 2.

2.) Intent to Cause Grievous Bodily Harm 3.) Outrageous Recklessness Magnitude of Harm Risked, Probability of Harm, Awareness of Risk, Antisocial Purpose. 4.) Intent to commit a felony when the murder happened. Felony Murder Killing + Commission of ANY Felony

TYPICAL STATE VIEW MURDER First, need common law malice. No malice = no murder. Next, determine degree. 1st DEGREE MURDER Willful, deliberate, and premeditated Some States WDP = W = Intentional Some States WDP = W.P. Must show W + P, or its M2 2nd DEGREE MURDER Any murder that is not M1. Must then explain M1 Killing with malice aforethought of: Intentional Killing (depending on jurisdiction) Intent to cause serious bodily harm Outrageous Recklessness Felony Murder Killing in the commission of an enumerated felony (B.A.R.R.K.S.) Must be merger If the felony is integral to and included in the fact of the homicide, the underlying felony merges with the homicide, and there is JUST MURDER. Did the D mean to kill all along? Unless independent felonious purpose. Independent of killing; stealing, raping, burning, etc Must be Agency: Killing done by one of felons Intent to commit an un-enumerated felony. (This is Felony-Murder 2) Must be Inherently Dangerous Look to definition of statute. Can felony be committed without creation of substantial risk of loss of life? Can be Merger Must be Agency

MODEL PENAL CODE MURDER MPC 210.2 Murder is a Purposefully Conscious Object OR Knowingly Practically Certain Or

Felony Murder MPC 210.2(1)(b) Outrageously Reckless KILLING = Such Reckless & Indifference Is Presumed If The Actor Is Engaged Or Is An Accomplice In The Commission Of, Or Attempt To Commit, or Flight After Committing Or Attempting To Commit Robbery, Rape, Or Deviate Sexual Intercourse By Force or Threat of Force, Arson, Burglary, Kidnapping, Or Felonious Escape Outrageous Recklessness With extreme indifference to the value of human life; or Outrageous recklessness presumed if done during or attempting BARRKS, deviant sexual intent by force, or felonious rape. Defense can rebut the presumption if they show that they used care in committing the felony Negligent Homicide: MPC 210.4: Criminal Homicide is negligent homicide when it is committed negligently

Manslaughter Voluntary Manslaughter: -Unlawful killing of a human being without malice. -Provocation negates malice. To prove adequate provocation: D provoked? Provocation legally adequate? 1.) Cheating Spouse 2.) Mutual Combat 3.) Assault and Battery 4.) Injury to relative 5.) Death resulting from illegal arrest Determined by Judge. Had D cooled?

Involuntary Manslaughter Same as Common Law