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    Criminal Homicide Chart!

    Uploaded by

    Paul Ulitsky
    This document outlines different categories and definitions related to murder and manslaughter under the Model Penal Code. It discusses the requirements for different degrees of murder, including malice, premeditation, and felony murder. It also covers categories of manslaughter, including killings done in provocation/heat of passion or with gross negligence. Negligent homicide is distinguished from murder based on the presence or absence of malice.

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    © All Rights Reserved
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    Criminal Homicide Chart!

    Uploaded by

    Paul Ulitsky
    417 views1 page
    This document outlines different categories and definitions related to murder and manslaughter under the Model Penal Code. It discusses the requirements for different degrees of murder, including malice, premeditation, and felony murder. It also covers categories of manslaughter, including killings done in provocation/heat of passion or with gross negligence. Negligent homicide is distinguished from murder based on the presence or absence of malice.

    Original Description:

    flow chart for homicide

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    This document outlines different categories and definitions related to murder and manslaughter under the Model Penal Code. It discusses the requirements for different degrees of murder, including malice, premeditation, and felony murder. It also covers categories of manslaughter, including killings done in provocation/heat of passion or with gross negligence. Negligent homicide is distinguished from murder based on the presence or absence of malice.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    417 views1 page

    Criminal Homicide Chart!

    Uploaded by

    Paul Ulitsky
    This document outlines different categories and definitions related to murder and manslaughter under the Model Penal Code. It discusses the requirements for different degrees of murder, including malice, premeditation, and felony murder. It also covers categories of manslaughter, including killings done in provocation/heat of passion or with gross negligence. Negligent homicide is distinguished from murder based on the presence or absence of malice.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    MODEL PENAL CODE no

    degs
    Purposely or Knowingly

    Malice = intent to cause


    grevious injury, but kill (w/o
    intent to kill)
    Felony Murder

    MURDER 210.2

    Malice intent to cause


    death w/o provocation

    Malice w/o premed

    Gross Negligence
    -conscious/voluntary
    disregard for need to use
    rable care
    Ordinary Negligence mere
    failure to exercise rable
    care
    -Williams (welfare baby)

    Felony Murder = reckless


    and indifference presumed if
    actor engaged or accomplice
    to robbery, rape, deviate
    sexual intercourse by force
    or threat, arson, burglary,
    kidnapping, or felonious
    escape

    Would be murder but for


    extreme emotional
    disturbance
    -Objectively rable
    -Subjectively as actor
    believes circumstances be

    MS -

    Provocation/Heat of Passion
    categories
    -Adultery
    -Mutual Combat
    -Physical Attack
    PROVOCATION NEGATES
    MALICE

    210.3

    Depraved heart murder


    -abandoned, malignant
    heart

    Recklessness = extreme
    indifference to human life
    -EIR = awareness of creation
    of substantial homicidal risk,
    unjustifiable risk, choose to
    be reckless

    Ordinary Recklessness
    -fail to exercise ord caution
    necessary
    -ord caution = rps would
    have done in sim circs.

    NEG HOM 210.4

    VOLUNTARY

    2ND DEGREEMURDER ST
    1 DEGREEMURDER

    Malice + Premed = (willful,


    delib, premed)

    INVOLUNTARY

    MANSLAUGHTER = killing w/o malice

    MURDER

    COMMON LAW

    Gross Negligence
    -Gross deviation from
    standard of care rps would
    have done in actors sit
    -Aware of risk of death

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