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Homicide Chart

This document defines murder and outlines the different types of homicide under criminal law: 1) Murder is defined as causing the death of another person with "malice aforethought," which can be proven directly by showing intent to kill or cause serious bodily injury, or inferred through actions with dangerous consequences like using a deadly weapon. 2) There are four types of homicide: first degree murder, second degree murder, voluntary manslaughter, and involuntary manslaughter. First and second degree murder involve "malice aforethought" but differ in levels of premeditation. Voluntary manslaughter includes elements of murder but has mitigating defenses, while involuntary manslaughter involves reckless or negligent actions. 3) Felony murder can also constitute first

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Adriana Levandowski
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245 views3 pages

Homicide Chart

This document defines murder and outlines the different types of homicide under criminal law: 1) Murder is defined as causing the death of another person with "malice aforethought," which can be proven directly by showing intent to kill or cause serious bodily injury, or inferred through actions with dangerous consequences like using a deadly weapon. 2) There are four types of homicide: first degree murder, second degree murder, voluntary manslaughter, and involuntary manslaughter. First and second degree murder involve "malice aforethought" but differ in levels of premeditation. Voluntary manslaughter includes elements of murder but has mitigating defenses, while involuntary manslaughter involves reckless or negligent actions. 3) Felony murder can also constitute first

Uploaded by

Adriana Levandowski
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Murder Definitions: Provides a definition of murder along with explanations of types such as murder AR and MR, and malice aforethought.
  • Types of Homicide: Outlines the different categories of homicide, emphasizing intent and associated legal principles.
  • Felony Murder: Explores the concept of felony murder, where death results from the commission of a felony, irrespective of intent.
  • Voluntary Manslaughter: Defines voluntary manslaughter, focusing on degrees of intent and the presence of mitigating factors.
  • Involuntary Manslaughter: Describes involuntary manslaughter where there is no intention to kill, but negligence leads to death.
  • Ways to Establish/Infer Murder: Discusses the various legal frameworks and reasoning used to establish or infer the occurrence of murder.
  • MPC Manslaughter: Explains manslaughter under the Model Penal Code, discussing extreme mental or emotional disturbance factors.

Murder

Define:
Causing the death of another

Murder AR and MR
AR

MR

Malice aforethought:

Way to establish MR: Ways to infer MR:

 An intent to kill (express malice)  Natural and Probable consequences (death


OR
 An intent to commit serious was a natural and probable consequence of
bodily injury OR your actions)
 An abandoned and malignant
heart or depraved heart (aka  Deadly Weapon Rule (pointing a deadly
depraved heart murder) OR weapon at a vital body part) – essay issue:
 Felony murder rule applies
what is a deadly weapon???
 Misdemeanor Manslaughter Rule (??)
 Depraved Heart (2nd degree only)

What are the types of homicide? How do you get to each type?

First Degree
 Murder involved willful premeditation and deliberation OR
o Enumerated Means – BARKS OR
o Felony murder involving enumerated felony (i.e. rape) (no proof of intent to kill
required)

Second Degree
 Anything that is not the MR for first degree murder
 Non-enumerated felony
 Intent to kill without premeditation/deliberation
 Intent to cause serious bodily injury
 Depraved Heart Murder

Voluntary Manslaughter
 Second degree murder with a partial defense (provocation/diminished capacity/without
malice aforethought)

Involuntary Manslaughter
 Recklessness or criminal negligence in some states
 Creation of substantial unjustifiable risk of harm
 Creates a risk that grossly deviates from what a reasonable person would foresee and avoid

Felony Murder
 Death occurred in course of felony
 Causation
 Enumerated Felony

MPC Murder
 Criminal Homicide = purposeful, knowing, reckless, or negligent death of another
human being, thus calling into play the four MR elements defined in §2.02

MPC Manslaughter
 Manslaughter = criminal homicide when:
o (1) it is committed recklessly (but without circumstances manifesting extreme
indifference to the value of human life) AND
o (2) a homicide that would otherwise be murder "is committed under the
influence of extreme mental or emotional disturbance for which there is
reasonable explanation or excuse"

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