Murder 1
degree
Common
Law
Murder other
Vol MS
Invol MS
“malice
aforethought,
” any felony
“Malice”
includes
intent to kill
or inflict
serious
bodily injury,
and
“recklessness
” as to
whether
death will
result (often
called
“implied
malice”).
provocation:
“extreme
assault or
battery upon
the def,
mutual
combat, def’s
illegal arrest,
injury or
serious abuse
of a close
relative of
def’s, or
sudden
discovery of
a spouse’s
adultery
(rape).” See
Girouard v.
State, 321
Md 532
(1991).
no intent to
kill or inflict
serious
bodily injury;
no
recklessness
Neg
Homicide
none
CA
includes
“fetus”
except where
mother
consents to
abortion or
pursuant to
“medical
judgment”.
malice
aforethought,
express or
implied AND
premed,
explosive,
WMD, armor
piercing
bullets,
poison, lying
in wait,
torture,
serious
felony
(arson, rape,
carjacking,
robbery,
burglary,
mayhem,
kidnapping,
train
wrecking,
forcible sex
crimes or
crimes w/
minors,
drive-by
shootings)
(25yrs-death)
13
executions
since 1976,
744 on death
row, 5
exonerations,
malice
aforethought,
express
(intent) or
implied
(“abandoned
and
malignant
heart,
”wantonness,
conscious
disregard for
life) in circs
other than
those for first
degree (15 to
life); other
felony
murder
“upon
sudden
quarrel or
heat of
passion” (311)
“commission
of lawful act
which might
produce
death without
due caution
or
circumspecti
on” or
misdemeanor
MS (2-4)
vehicular:
either
unlawful act
with gross
negligence or
lawful with
risk of death
and gross
negligence (6
yr max) OR
lesser
version:
unlawful but
no gross
negligence or
lawful but
risk of death
and no gross
negligence
but unlawful
manner. (1
year)
PA
“willful,
deliberate,
and
premeditate”
3 executions
since 1976;
150 on the
Row, 9
exonerations,
moratorium
in effect
second
degree:
felony
murder
(robbery,
rape, sex by
force or
threat, arson,
burglary,
kidnapping)
third degree:
all other
murder
(intent or
reckless)
Manslaughter
: “sudden and
intense
passion
resulting
from serious
provocation”
by indiv
killed or
another OR
unreasonably
believes the
killing is
justified
causes death
by
recklessness
or gross
negligence (5
year max)
lesser:
causing
suicide by
force, duress,
or deception
OR aiding
suicide (2
year max)
NY
intent +
victim is
police officer
or guard,
crime is
committed
while def is
under life
sentence or at
large after
escape.
(Note: NY
has abolished
the death
penalty)
Intent to
cause death
or
recklessness
amounting to
“depraved
indifference
to human
life,”
AFFIRM
DEF:
Extreme
emotional
disturbance
felony
murder
(robbery,
burglary,
kidnapping,
arson, rape
and forcible
sex, escape)
AFFIRM
DEF: unless
def proves he
didn’t
commit,
solicit,
conspire,
cause or aid
the homicidal
act, wasn’t
armed w/
deadly
weapon, had
no reason to
Intent to
cause
physical
injury or
under
extreme
emotional
disturbance
(25 year
max)
recklessly
causes death
or
intentionally
aids a suicide
(15 year
max)
criminal
negligence
causes death
(4 yr max)
MPC
purposely or
knowingly or
recklessly
“under circs
manifesting
extreme
indifference
to the value
of human
life.” Latter
is presumed
if engaged in
robbery, rape
or like, arson,
burglary,
kidnapping,
or escape.
1) recklessly
(w/o extreme
indifference);
or
intentionally,
but under
“extreme
emotional
disturbance
for which
there is a
reasonable
explanation
or excuse,
determined
from the
viewpoint of
the person in
the actor’s
situation
under the
circumstance
s as he
believes
them to be.”
(No vol/invol
distinction)
negligence
(“gross
deviation”
from
standard of
care)