First degree murder is defined as a murder in which malice aforethought is
established through intent or the felony murder rule (see below).
Murder – at common law, murder was defined as the 1) unlawful, 2) killing, 3) of
another living human being, 4) with malice aforethought.
Unlawful – absent a right or privilege.
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Killing
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Of another human being
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Malice aforethought
For malice aforethought for first degree murder it must be established
through intent, intent to inflict great bodily injury, reckless disregard for human life, or
the felony murder rule.
Intent – specific intent to commit a homicide.
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Intent to inflict great bodily harm- NEED RULE
Reckless disregard for human life- NEED RULE
Felony murder rule – under the felony murder rule a death, which occurs
during a commission of a felony (burglary, arson, robbery, kidnapping, rape) that
is inherently dangerous to human life.
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Murder in the second degree will be established when a murder occurs in which
malice aforethought is established either by intent to inflict serious bodily injury
or reckless indifference to human life. LOOK UP TO SEE FIRST AND SECOND
DEGREE TO DETERMINE WHERE GBI AND DEPRAVED HEART APPLY
Here, malice aforethought for second degree murder may be established through
the intent to inflict serious bodily injury or by depraved heart.
Intent to inflict great bodily injury
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Depraved heart
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Voluntary manslaughter is a killing that would be murder but for the existence of
adequate provocation.
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Insanity:
M’Naghten – a defendant is entitled to acquittal if 1) a disease of the mind, 2)
causes a defect of reason, 3) such that the defendant lacked the ability at the time
of his actions to either know the wrongfulness of his actions or understand the
nature and quality of his actions. Delusions, belief that one’s actions are morally
right, or loss of control because of mental illness are not defenses.
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Irresistible impulse – a defendant is entitled to acquittal if because of a mental
illness he was unable to control his actions or conform his conduct to the law.
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Model penal code – under the MPC test a defendant is entitled to acquittal if he
had a mental disease of defect, and, as a result, he lacked the substantial
capacity to either 1) appreciate the criminality of his conduct, or 2) conform his
conduct to the requirements of law.
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Durham – a defendant is entitles to acquittal if the crime was the product of his
mental illness.
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