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
bodily injury OR
 An abandoned and malignant
heart or depraved heart (aka
depraved heart murder) OR
 Felony murder rule applies
was a natural and probable consequence of
your actions)
 Deadly Weapon Rule (pointing a deadly
weapon at a vital body part) – essay issue:
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"