LAW 293 Lecture Notes - Lecture 5: Malice Aforethought, Grievous Bodily Harm, Murder
Taking another person's life in a manner proscribed by law
Homicide
Taking another person's life
Murder
Killing with malice aforethought
Manslaughter
Unlawful killing without malice aforethought
Malice aforethought
Form an intent to kill, or form intent to inflict grievous bodily harm on another, or display a wanton it
extremely reckless disregard for the risk to human life, or commits a dangerous felony during the
commission of which a death results
First degree murder
Forms an intent to kill, killing characterized by premeditation
Transferred intent
The act of killing a person while intending to kill someone else
Capital murder
First degree murder, characterized by the existence of a statutorily defined aggravating circumstance in
addition to the other requirements for murder, bifurcated trial (two parts: guilt and punishment phase)
Second degree murder
Killing with a wanton state of mind or extreme disregard for the risk to human life, not premeditated,
killing that faults from an act intended to cause serious bodily harm, malice aforethought, results from
an act that demonstrates the perpetrator's depraved indifference to human life
Felony murder
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Document Summary
Taking another person"s life in a manner proscribed by law. Forms an intent to kill, killing characterized by premeditation. The act of killing a person while intending to kill someone else. First degree murder, characterized by the existence of a statutorily defined aggravating circumstance in addition to the other requirements for murder, bifurcated trial (two parts: guilt and punishment phase) Applies when a felon kills a person intentionally, recklessly, or even accidentally while the felon is committing a felony. Killing: while in a state of passion, that was caused by adequate provocation, without a reasonable opportunity to cool off before killing. Homicide that results from the defendant"s criminally negligent conduct or the defendant"s commission of an unlawful act. Less serious that extreme recklessness but more serious than simple negligence. Applies a manslaughter charge to a homicide that results from the defendant"s commission of an unlawful act (misdemeanor)
