LAW 604 Lecture Notes - Lecture 6: Model Penal Code, Grievous Bodily Harm, Homicide
Document Summary
Common law: first-degree murder (intentional and unlawful killing of a human being with malice and with premeditation and deliberation. , premeditation and deliberation must usually be proven with circumstantial evidence, want of provocation on the part of the deceased. The conduct and statements of the defendant before and after the killing: threats and declarations of the defendant before and during the course of the occurrence giving rise to the death of the deceased. Intent to kill or intent to inflict grievous bodily harm required: second-degree murder, multiple types. Intent to kill or inflict grievous bodily harm (no premeditation/deliberation required): heat of passion killings without adequate provocation. 2: depraved heart murder (abandoned and malignant heart. Murder) reckless with extreme indifference to value of human. If defendant was provoked: gravity of provocation, level of self-control to be expected of a reasonable person, words alone are not enough. Justification you were right to do what you did.
