Intentional Homicide Offenses

Question 1

Murder - 1st Degree Murder: Rule

Answer 1

Rule: Cause the death of another with an intent to kill that occurred in a premeditated and deliberate way

Question 2

Murder - 1st Degree Murder: Premeditated and Deliberate

Answer 2

To determine if D acted in a premeditated and deliberate way consider:

(1) if D had time to think about the act and
(2) the emotional state of D; it should be in a calm and cool manner.

US v. Watson: D pinned officer, stood over officer and shot him -> had enough time to think about if he should kill. D only fired once and was calm after the killing.

Question 3

Murder - 2nd Degree Murder: Rule

Answer 3

Rule: Cause the death of another with an intent to kill

Question 4

Voluntary Manslaughter: Rule

Answer 4

Causing the death of another with an intent to kill and with (1) reasonable provocation and (2) in the heat of passion

Question 5

Voluntary Manslaughter: Heat of Passion

Answer 5

Heat of Passion:

• Subjective: Was this D in the heat of passion? (actually provoked)
• Objective: If certain time has passed, would a reasonably prudent person have cooled off? (reasonable person standard)

Ex parte Fraley: Victim accused of killing D’s son, D finds him months later and shoots him multiple times. The jury found that there was sufficient cooling off time.

Question 6

Voluntary Manslaughter: Reasonable Provocation

Answer 6

• Subjective: Was D provoked?
• Objective: Would a reasonably prudent person have been provoked?

Some courts use categories for reasonable provocation:

• Physical assault or threat of (People v. Walker, Victim was attacking/provoking D and friends -> D throws a brick and cuts victim with knife)
• Violent or sexual assault on close relative
• Mutual combat
• Adultery (Rowland v. State, D killed wife and lover when he found them in bed together. In the “line of sight”)
• Traditional Rule: words are not sufficient to be grounds for reasonable provocation

Other courts (CA) do not use categories, trust the juries to decide what reasonable provocation is on a case by case basis:

• People v. Berry: CA case that includes long periods of teasing and taunting by a spouse about adultery as reasonable provocation
• Hard factors (like disability, age, gender) can be taken into account when determining what is reasonable provocation.

Question 7

MPC - Murder

Answer 7

Intent with purpose and knowledge