Homicide Chart:
intentional
intent
murder
common law
vol manslaughter
2nd Degree (FoR
FM there it intent
and extreme
recklessness)
Felony murder (1st
Deg=in limited list.
2nd Deg=not in
list)
Felony Murder
(Serne)
recklessness
invol
manslaughter
purpose
murder
knowledge
extreme
recklesness
rebuttable
presumption
mpc
manslaughter
recklessness
negligent
homicide
Gross Negligence
§210.4
strict liability:
(Stamp) as long as
death takes
place=MURDER
Negligent Std
(Stephen's
Approach in
Serne) if someone
engage in
intentional felony
an negligent result
of death=murder
negligence
mens rea
extreme
recklessness
causing death
awareness of risk
of death
limitation
in the abstract
1st Degree
inherently
dangerous
as committed
killings by non
felons (Canola)
killings against
felons
prox cause
agency theory
intentional
1st Degree
intent
murder
common law
vol manslaughter
2nd Degree (FoR
FM there it intent
and extreme
recklessness)
Felony murder (1st
Deg=in limited list.
2nd Deg=not in
list)
Felony Murder
(Serne)
recklessness
negligence
purpose
murder
knowledge
extreme
recklesness
rebuttable
presumption
mpc
manslaughter
recklessness
negligent homicide
Gross Negligence
§210.4
Limitations for Common Law FMR
strict liability: as
long as death takes
place=MURDER
Negligent Std
(Stephen's
Approach in Serne)
if someone engage
in intentional
felony an negligent
result of
death=murder
invol manslaughter
mens rea
extreme
recklessness
causing death
awareness of risk
of death
limitation
in the abstract
as committed
inherently dangerous
prox cause
foreseeability
agency theory
death caused by
furtherance of felony
killings by non felons
(Canola)
killings against felons
If not in limited list for Felony Murder 1st degree (limited list), then engage in statutory interpretation (abstract and as-committed
test). If it’s in the limited list, no use to do statutory limitation
STRICT LIABILITY CRIMES: no mens rea required
public welfare/regulatory
offense
not traditional offense
Mens Rea
common law
silent statut: YES SL
small penalities (If
small=SL)
reasonable care would be
enough (if rsbl care is
enough=SL)
stigmitization (no
stigma=SL)
STRICT LIABILITY
2.05
MPC
NO SL
2.02(4)
1.04(5)
Morality
Criminal Law
collateral consequences are
bad (ie. right to vote)
Morality
(mala in se)
Criminal
Law (malum
prohibitum)
SL: Some crimes are malum prohibutm
(like driving on wrong side of road), that do
not encroach into “morality” side. Those are
crimes solely for social
coordination/regulatory purposes. Not
criminally moral
Mistake of Facts
mens rea
Common Law
moral wrong principle
(Prince): negates any mens
rea state/ broad conception
morally wicked
Lesser crime principle (Brett
Dissent on Prince/broad
conception)
legally wicked
What types of mens
rea state required
under crime:
sometimes it is clear
by court's reasoning
sometimes it doesnt,
then 2.02(3)
everything but
negligence so can use
knowledge,
purposeful, and
recklessness
full defense if it negates req
mens rea 2.04 (1)(a)-(b)
Broad Conception
mistake of facts
MPC
Narrow conception
proportionality: punishment
fits the crime 2.04(2)