ADJUS-121 Lecture Notes - Lecture 9: Murder, Depraved-Heart Murder, Unlawful Killing
20 Jun 2020
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Unlawful killing of a human being without malice aforethought. Three situations made up 90% of common law manslaughter. An intentional killing that takes place during the heat of passion right after legal provocation. Provoking events in the heat of passion eliminates malice aforethought. Finding your spouse in a sex act with another. Being physically assaulted by another person and in a rage taking their life. The reckless killing of a human being. The misdemeanor manslaughter rule: causing a death during the commission of a misdemeanor. Practically every state divided common law murder into first and second degree. First degree murder is committed by (1) the premeditated and deliberate killing of a human being and (2) the killing of a person during a commission of a dangerous felony. Different states interpreted premeditation and deliberate differently. Some said it only required an intent to kill, others required intent to kill and forethought.
