The Killings
Murder Chart
(Intent?)
MALICE AFORETHOUGHT [ always needed]
Express Malice Murder Implied Malice Murders
Murder with Intent Murder Without Intent
Intent Factors
1. Extreme Recklessness Murder
(2nd)
1. Admission 2. Intent to inflict/ Commit Serious
Bodily Injury Murder (2nd)
2. Deadly Weapon on Vital Part of 3. Felony Murder (1st or 2nd)
Body
3. Natural and Probable
Consequence is Death
Intentional Murder Chart
(Premeditation?)
Carroll Guthrie
Intent = Premeditation Intent Requires Reflection
Reflection Factors
1. Admission
2. Evidence of Planning or Motive
3. Circumstances of the Crime
(Spontaneous?) (notes here with
examples)
Voluntary Manslaughter Chart
(If no Reflection in Guthrie)
Common Law Model PC
Provocation Defense Provocation Defense
Elements Elements
1. Heat of Passion (notes) 1. Extreme Mental or Emotional
2. Adequate Provocation Disturbance
2. Reasonable Excuse or
Explanation
Adequate Provocation Approaches
1. Reasonable Person Approach
(notes on definition)
2. Categorical Approach
(notes on categories)
Extreme Reckless Murder Chart
Elements Issues
1. Bring about the death of 1. What is Extreme Recklessness
another (notes on definition – callously)
2. While acting with Extreme
Recklessness 2. What are the classic examples
of Extreme Recklessness
(notes on these examples)
Intent to Commit Serious Bodily Injury Chart
Elements Issues
1. Intent to commit serious bodily 1. Do we have intent to injure
injury- is 2nd degree murder (notes here)
2. A death occurs 2. What counts as serious bodily
injury
(notes here)
Felony Murder Chart
(If a Killing and a Felony)
Elements of Felony Murder Issues
1. D commits a felony 1. What is the predicate felony
2. In the course of the felony 2. What does “in the course of”
3. Causes another persons death mean
4. Killing in furtherance of the 3. What does “cause” mean
felony 4. Is the killing in furtherance
Predicate Felony Limitations (Need
these in addition to elements)
1. Inherently Dangerous Felony
2. Independent Felony
Inherently Dangerous Approaches Independent Felony Rule
(jurisdictional)
1. As Committed (Hines) Predicate Felony has an Independent
2. In the Abstract (Phillips) Felonious Purpose
(notes here) (notes here)
Third Party Felony Murder Chart
Agency Approach Proximate Cause Approach
When one confederate kills a third When the result is foreseeable and not
party other confederate is also extraordinary
responsible
(notes here) (notes here)
