LAW 604 Lecture Notes - Lecture 18: Negligent Homicide, Gross Negligence, Reasonable Time
Document Summary
Unborn widow problem from rule against perpetuities; a"s widow. (the person who is a"s widow, or the person who is. Ordinary recklessness there may be some part of a good reason, just insufficient relative to risk. D must be subjectively pissed off, unreasonable but objective understandable anger: involuntary (1) gross negligence or ordinary recklessness (2) misdemeanor-manslaughter. 1: dominant statutory overlay (pennsylvania 1794, page 447, murder (cl"s 1-4, first degree (1) premeditation/ deliberation; we can do things intentionally without deliberation, deliberation requires thought beforehand (scwv). But in practice it simply means intent (scpa). Very limited influence on penal codes of the united states: murder; only adopts two of cl murders but without degrees. Removed gbh because it would be captured under depraved heart if properly applied (malone). Fleming v. united states (p. 513): manslaughter, voluntary (intentional killing under extreme emotional disturbance, involuntary (ordinary recklessness, negligent homicide. Provocation doctrine: the doctrine, common law, subjective emotion, objective; understandably aroused by victim"s provoking act.
