Homicide

Question 1

What are the elements of Murder?

Answer 1

• 1st degree (“malice of forethought”) or 2nd degree (common law)
• Purposeful or Knowing, or reckless with extreme indifference to human life or another felony (MPC)

Question 2

What are the elements of Manslaughter?

Answer 2

• Recklessness without extreme indifference, OR
• Extreme mental or emotional disturbance with reasonable explanation or excuse (MPC)
• Reasonableness determined may include cultural background, repetitive conduct, etc.
• Adequate provocation (Common law)

Question 3

What are the elements of Negligent Homicide?

Answer 3

• Negligence

- Should have known it would substantially harm

Question 4

What are the differences in Murder between MPC and Non-MPC jurisdictions?

Answer 4

-Killing another human being with “malice aforethought”
(MPC)
-MPC doesn’t recognize premeditation or degrees of murder
-Killing another with premeditation (Non-MPC)

Question 5

Francis v. Franklin

Answer 5

• Man escaped custody and shot another man

- Court held that jury instruction regarding presumption of voluntariness was unconstitutional

Question 6

What does the MPC say about evidence of mental disease or defect?

Answer 6

-It is admissible when it is relevant

Question 7

Why was there a distinction between 1st and 2nd degree murder?

Answer 7

• To differentiate murder that justified the death penalty, “capital murder”
• 1st degree is “malice of forethought”

Question 8

What are the felonies included in felony murder?

Answer 8

• Robbery (person present)
• Burglary (may or may not be occupied)
• Rape*
• Arson
• Kidnapping
• Felonious escape

Question 9

What does the National Majority view require for Felony Murder?

Answer 9

• Inherently dangerous
• Causation
• Nexus/relationship
• Accomplice liability

Question 10

What is the MPC view for Felony Murder?

Answer 10

-The MPC assumes an indifference to human life when one of the felonies is committed and someone dies, but the other elements still have to be proven

Question 11

What are the relevant considerations for Felony Murder?

Answer 11

• Location
• Time
• Awareness of circumstances
• Possession
• If D was in a place of safety

Question 12

What are the types of Homicide at Common Law?

Answer 12

• 1st/2nd degree Murder
• Felony Murder
• Involuntary Manslaughter
• Depraved Heart Murder
• Misdemeanor Murder

Question 13

What are the types of Homicide in the MPC?

Answer 13

• Purposely/Knowingly
• Reckless w/ EIVHL
• Manslaughter
• Negligent Homicide
• Presumed Reckless w/ EIVHL