homicide
Homicide
Murder
Voluntary
manslaughter
Common law
Modern approach
Unlawful killing committed with malice aforethought:
 Intent to kill
 Intent to cause serious bodily harm
 Depraved-heart murder
 Felony murder
First-degree: murder committed with:
 premeditation & deliberation
 heinous acts (eg, bombing, torture)
 enumerated felony murder
Second-degree: any murder that is not first-degree murder
Intentional killing of person without malice aforethought, including:
 adequate provocation (ie, heat of passion)
 other mitigating factors (eg, imperfect self-defense)
Unintentional killing either:
 caused by criminal negligence- a high or unreasonable risk of death + gross deviation from a reasonable person
Involuntary
 recklessly-conscious disregard of an unreasonable risk of death or serious bodily injury;
manslaughter
 under misdemeanor murder rule-a killing that results during the commission of a misdemeanor;
 during a non-dangerous felony-a felony not included under the felony murder rule;
Malice aforethought
Intent to kill
Conscious desire to cause death or substantial certainty that death will result
Intent to inflict serious
bodily harm
Conscious desire to cause serious physical injury or substantial certainty that such injury will result
Depraved-heart murder
Reckless disregard for high risk of death or serious bodily harm (i.e., abandoned & malignant heart murder)
Felony murder
Commit or attempt to commit a felony (i.e., BARRK—burglary, arson, rape, robbery, kidnapping)
Voluntary manslaughter
Type
Requirements
Heat of passion
Intentional killing committed:
 in heat of passion and
 in response to adequate provocation
Imperfect defense
Intentional killing committed either:
 with honest but unreasonable belief that deadly force was necessary to prevent serious bodily injury or death or
 when defendant started altercation that led to necessary use of deadly force