ADMJ 300 Lecture Notes - Lecture 5: Voluntary Manslaughter, Endangerment, Homicide
Document Summary
Intended to endanger friend: reckless disregard for life = a type of malice, act of gross recklessness with reasonable anticipation of death. 1st degree murder: the object of the accused was the death of the victim. 2nd degree murder: death is likely result of grossly reckless act. Assault with intent to kill (charge: jury not allowed to hear evidence supporting the lesser charge, reasonable provocation, does not show malice. Charge could have been assault & battery instead of assault with intent to kill: defendant should have had the chance to present the argument to a jury. Precedent based on voluntary manslaughter vs homicide. Homicides are graded by the state of mind of the accused: 1st degree, 2nd degree, voluntary manslaughter, involuntary manslaughter. This determines the sanction (punishment) and judgement of how bad the crime is that has been committed. Impotence (possible physical deformity as well hunchback)