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Criminal Law
SUNY Buffalo Law School
Ewing, Charles Patrick

Crime
 
MPC
Common Law
Mostly
Not So Much
Defenses
Cases
 
1st degree Murder
 
Elements:
1)       AR-act or omission where there was a duty
2)       MR-Purposely or knowingly
3)       Casual Connection
4)       Proof of death
 
 
Elements:
Murder is 1st if
 
1)Both intentional and premeditated
 
-or-
2) Involves killing in the course of a felony
    robbery, rape, arson, burglary, mayhem, kidnapping or felonious escape.
 
*mercy killing-murder may get lesser sentence
 
 
 
 
 
 
Murder- no degrees
§210.2 p1005
 
a)purposely or knowingly
 
-or-
b) recklessly under circumstances showing extreme indifference to human life. Such recklessness and indifference is presumed if committed in course of felony
 
 
*only one degree (is a felony in 1st degree)
 
* most states distinguish between 1st and 2nd degree murder
 
 
 
 
Murder is defined as killing of a human being by another with malice aforethought
 
1)express malice
a.        intentional
b.       unmitigating
 
2) implied malice
a.        intent
b.       extreme
c.        recklessness
d.       causing death
(callous disregard for human life)
DELIBERATION
-when the determination to kill is reached calmly in cold bold, rather than under impulse of in heat of passion
 
 
PREMEDIATION
-reflection
-malice aforethought
-may aggravate 2nd to 1st
 
AGGRAVATING CIRMUSTANCES
1)lying in wait
 
2)explosives
 
3)poisons
 
*signs of premeditation that may aggravate 2nd to 1st degree murder
Felonies:
rape
robbery
arson
burglary
kidnapping
-intent to cause serious bodily harm
if deadly weapon is used
 
Mitigating Defenses:  many jurisdictions
 
1) EED, provocation (lowered to voluntary manslaughter)
 
2) Voluntary Intoxication-is only a defense if negates the ability to form ­intent (lowered to murder 2nd)
 
3) un

malignant heart
 
-Felony Murder (not enumerated) NY State
Intent to commit serious bodily harm
Mitigating Defenses: many jurisdictions
 
1) EED (lowered to voluntary manslaughter)
 
2) Provocation and heat of passion
(lowered to voluntary manslaughter)
­­­­­ Total Defense
 
1) insanity
 
2) self-defense
 
3) involuntary intoxication
Comm v. Malone- web
F. Russian Poker- “gee kid I am sorry”
R. May infer intent from depraved indifference to human life (gross recklessness)
 
Causation-way of imposing or limiting liability
But for cause (remove it and no incident)
No hardened Rule
-Foreseeability
-only rises when there is some other plausible explanation for person’s death
-amount of time that passes
-what the intervening factor is