LAW 140 Chapter Notes - Chapter Crim - Homicide: Arson, Proximate And Ultimate Causation, Jury Trial
Document Summary
Mpc and cl distinguish between murder and manslaughter for purposes of: Common law categories of murder/homicide with malice aforethought: Intent to kill p or k to cause death. Intent to cause grievous bodily harm p or k to cause grievous bodily harm. -------------------------------------------------------------- 1st and 2nd degree murder div. in cl: recklessness, depraved mind, wickedness, etc. R+ = less than p or k, more than normal r, at some level of depravity: felony murder mens rea for qpf, no mens rea for murder no fm under mpc. 1st degree = enumerated felonies or those described in general terms. Murder (no degrees) criminal homicide committed with p or k or r+ (extreme indifference to the value of human life and accomplice; death penalty by agg/mit. Manslaughter (no degrees) r or murder w/ eedrex/hopsap-type mitigation. Major developments in the law of homicide in the us: emergence of distinct grade of homicide offenses, each of which carries its own penalty and stigmatic value.
