STUVIA 2024/2025
Homicide Analysis
-intent to kill
-intent to cause grievous bodily injury
-depraved heart murder
-felony murder - ✔✔CL 4 traditional meanings of malice in murder
-misdemeanor manslaughter
-criminally negligent IM - ✔✔2 types of IM
-motive
-planning
-manner of killing - ✔✔what to look for to determine if D premeditated and deliberated?
1. adequate provocation
2. a reasonable person would not have cooled off.
3. D did not cool off. - ✔✔3 elements of heat of passion VM
1. facts of the case approach: looks at how the crime was committed. almost always results in the
crime being IDHL because it involves a murder.
%
2. felony in the abstract approach: ignores the facts of the case and looks to see whether there is a
way to commit the felony without it being IDHL. If there is, then the felony is not considered IDHL and
the killing cannot be included under second degree felony murder. - ✔✔2 approaches to determining
IDHL
1. the agency approach (Maj)
2. Proximate cause approach (Min)
3. Provocative act murder (CA) - ✔✔3 approaches to the opponent of the felony situation
2 approaches
1. traditional pigeon hole approach: words alone are not enough.
2. modern CA approach: words can be enough; case by case approach. - ✔✔assessing adequate
provocation in heat of passion vm
a reasonable person would have cooled off, but the defendant did not. - ✔✔a second degree murder
based on provocation rests on the notion that...
adequate provocation which would preclude premeditation and deliberation. - ✔✔1st degree intent to
kill murder may be lowered to second degree murder because of....
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