Premed Delib Murder
Willful - specific intent to kill
Deliberate - weighed reasons for and against the action and considered the consequences
Premeditated - thought about beforehand - could be as quick as the blink of an eye, or require a second look. Forrest factors.
Forrest Factors:
1. previous ill-will between the parties
2. want of provocation
3. any statements of the defendant up to and during the crime
4. the brutality of the killing, nature and number of wounds
5. the degree of planning and in the manner in which the killing was performed
Deliberate - weighed reasons for and against the action and considered the consequences
Premeditated - thought about beforehand - could be as quick as the blink of an eye, or require a second look. Forrest factors.
Forrest Factors:
1. previous ill-will between the parties
2. want of provocation
3. any statements of the defendant up to and during the crime
4. the brutality of the killing, nature and number of wounds
5. the degree of planning and in the manner in which the killing was performed
Tags: Homicide
Source:
Source:
Felony Murder
Killing proximately caused in perpetration or attempt of felony
Limitations:
1. Inherently dangerous, in fact or abstract (DEATH only)
2. killing by non-felons: either agency thy (only co-felon killings) or if felon set in motion acts by which killing occurred, can have felony murder for killing by non-felon
3. Res Gestae, which requires but-for and proximate causal connection between felonious acts and death (reasonable foreseeability)
Limitations:
1. Inherently dangerous, in fact or abstract (DEATH only)
2. killing by non-felons: either agency thy (only co-felon killings) or if felon set in motion acts by which killing occurred, can have felony murder for killing by non-felon
3. Res Gestae, which requires but-for and proximate causal connection between felonious acts and death (reasonable foreseeability)
Tags: Homicide
Source:
Source:
Voluntary MS
Common law = heat of passion, adequate provocation, no opportunity to cool. Must be calculated to inflame the passion of a reasonable man in actor's situation and cause him to act from passion rather than reason.
MPC = EMED for which there is reasonable explanation or excuse. Looks for reason for emotion, not the act, so kinder to Ds.
OR
Reckless manslaughter - aware of and disregarded a substantial and unjustifiable risk of death
MPC = EMED for which there is reasonable explanation or excuse. Looks for reason for emotion, not the act, so kinder to Ds.
OR
Reckless manslaughter - aware of and disregarded a substantial and unjustifiable risk of death
Tags: Homicide
Source:
Source:
Extreme Recklessness Murder
Reckless plus extreme indifference to value of human life.
Reckless = aware of and disregarded a substantial and unjustifiable risk of death
Extreme indifference = high probability of death or serious bodily injury occurring as a result of the conduct
Reckless = aware of and disregarded a substantial and unjustifiable risk of death
Extreme indifference = high probability of death or serious bodily injury occurring as a result of the conduct
Tags: Homicide
Source:
Source:
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Criminal Law
Published: 26.03.2010
Tags: Cases
Card tags:
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