CJL 4110 Study Guide - Final Guide: Voluntary Manslaughter, Misdemeanor, Homicide
6 Dec 2015
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Homicide: justifiable - killing is excused, no crim liability, excused killing is excused, no crim liability. Distinction of criminal homicide: murder, manslaughter. Killing with malice aforethought (deliberate, premeditated, specific intent to kill or cause serious bodily injury: manslaughter. Murder: different jurisdictions will use different languages about, result crime murder. Without someone dead there cannot be murder. Inchoate crime, likely to get not as harsh of a penalty: attempt, needs body or context/info to construe person is dead, murder actus rea, mens rea. Under old common law purposive/intent malice aforethought. Use mpc culpability level language for today"s law. Specific intent purposive, knowing it was likely to hurt them purposefully and recklessness. Mpc behavior creates substantial/unjustifiable risk and you"re aware of risk but do it anyways. More purposive harsher punishment because of knowing, purposeful and recklessness: implied malice. Moving to more broad definition of murder. Unintentionally killing during felonies felony killing: depraved heart pg 285.
