LAW 140 Chapter Notes - Chapter Homicide: Malice Aforethought, Felony Murder Rule, Negligent Homicide
Document Summary
Murder: traditional common law murder (malice aforethought) came to encompass four different kinds of killings: a. i. Actor intended to kill or knew that death would result (mpc p to cause or k of causing death) a. ii. Actor intended to inflict grievous bodily harm or knew that such harm would result (p to inflict gbh, k will inflict gbh) a. iii. Actor manifested reckless indifference to death (mpc r+) a. iii. 1. Depraved mind, abandoned and malignant heart, or wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, mind regardless of civil duty a. iii. 2. Felony murder rule- death occurred while actor committing a felony (sl regarding death) a. iv. Murder definition: the killing of a human being by another human being with malice aforethought a. v. Exam: analyze all four prongs to determine malice aforethought, then look at pa. Actor intended to kill but committed the offense in a sudden heat of passion engendered by adequate provocation (voluntary) (p to cause death) a. vi. 2.