Murder
Homicide – The killing of a human
being by another human being.
1st Degree Murder
A willfull (intentional)
murder of another with
premeditation and
deliberation.
2nd Degree Murder
A voluntary act that
manifests in an extreme
indifference to human
life. (Malice implied)
Murder – Homicide with malice
aforethought.
Malice aforethought can be satisfied by:
Intent to
kill
Intent to
commit GBH
Depraved
heart murder
Felony
Murder
Murder if death results from the ∆’s
conduct during the commission or attempt
of an [inherently dangerous] felony.
Limitations on Felony Murder
 Lack of classification as inherently
dangerous
 Merger Doctrine
o Requires the presence of a felony
independent from the act of killing to
prove felony murder
 Agency Rule vs. Causation
 Legislature banning of felony murder
Mens Rea:
Negligence or
Recklessness
“Inherently Dangerous” can be proven through:
1) Explicit list of crimes in a statute
2) In the abstract
3) On the facts | totality of the circumstances
4) Either in the abstract or on the facts
Voluntary Manslaughter –
Intentional killing of another. The
risk is appreciated. (Often times a
“heat of passion” killing.)
Involuntary Manslaughter –
Unintentional killing of another.
Consciousness of extreme risk
taking is absent as the person should
have appreciated the risk but didn’t.
Mens Rea:
Intent or
Purpose
Jurisdictional Approaches to
Felony Murder:
Agency Rule – Under the FM
rule, one is generally only
responsible for their + their
co∆’s actions, & is not
responsible if a 3rd party
causes a death
 [Exception for
accomplices!]
Proximate Cause Rule – But
for the acts of the ∆, would
the murder have happened?
Acting with a willfull & wanton
disregard for human life
1) The ∆ must act recklessly
or negligently
2) The ∆ must be
responsible for the death of
another