Review Note
Last Update: 03/08/2024 03:37 PM
Current Deck: Crim
PublishedCurrently Published Content
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Murder Mens Rea Common Law
- {{c1::Purpose/knowledge
- Malice aforethought
- Several jurisdictions recognize different degrees of intentional killings}}
- {{c2::Express Malice}}
- Express malice case: {{c3::Taylor v. State}}
- {{c4::Defendant struck victim with car & continued driving
- Envelope with victims name & documents about legal dispute between them found in defendant’s car
- Victim suddenly died from pulmonary injury from being hit by defendant}}
- Holding: {{c5::sufficient evidence to find defendant guilty of malice murder}}
- Rule: {{c6::Intentional & unlawful killings will qualify for malice}}
- First Degree (aka aggravated) murder
- {{c7::Premeditation/deliberation}}
- Premeditation = {{c8::prior planning}}
- Deliberation = {{c9::consideration of whether or not to commit crime}}
- Some jurisdictions {{c10::allow instantaneous premeditation
- Other jurisdictions (like State v. Guthrie) reject saying must be appreciable time between formation of intent to kill & act of killing}}
- Partly because of difficulties associated with defining premeditation & deliberation, some jurisdictions have abandoned -> {{c11::require special circumstances (defined in state statutes) or prior calculation & design}}
- Premeditation/deliberation Case: {{c12::State v Guthrie}}
- {{c13::Victim snapped defendant with dish towel several times, hitting nose (especially sensitive for defendant)
- Defendant stabbed victim}}
- Rule: {{c14::defendant must’ve had some period of time between development of intent to kill & actual killing to indicate premeditation & deliberation, not impulsive}}
- Illustrates {{c15::debate behind defining is about qualitative & quantitative measures of premeditation}}
- {{c7::Prior calculation/design}}
- “prior calculation & design” created to {{c16::emphasize intention to commit crime occurred prior to execution & pursuant to some degree of planning}}
- {{c17::Some jurisdictions replace just premeditation others replace premeditation & deliberation}}
- {{c18::Evidence that act is committed after momentary consideration isn’t sufficient to establish element of prior calculation & design necessary for 1st degree murder}}
- Courts consider whether
- {{c19:: (1) defendant & victim knew each other (if so, if it was strained)
- (2) defendant gave thought to choosing murder weapon or location
- (3) murder was drawn-out}}
- 2nd degree murder
- {{c20::Catch all category for killing with malice that doesn’t qualify for 1st degree
- Includes all intentional killing without premeditation, with intent to cause serious harm, & committed by gross recklessness}}
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