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36 Cards in this Set
- Front
- Back
- 3rd side (hint)
Model Penal Code does NOT use the grading system, but instead presented system where killing = murder when it is committed _______ or ______.
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Presents system where killing is murder when it is committed knowingly or purposefully.
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Gov’t must present aggravating factors while DEF presents mitigating factors after ......?
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after murder has been proven
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If jury finds that aggravating factors outweigh mitigating factors, they can .....?
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impose the death sentence
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MPC 210.2?
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MURDER (MPC 210.2)
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Murder:
When Killing is INTENDED must be _____ and _____. Which is more culpable? |
Purposeful AND Knowing
Purposeful is MORE culpable. |
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___________ are used to determine whether the crime deserves or doesn't deserve a death penalty .
(MPC Murder: when killing is intended) |
Mitigating/Aggravating Factors
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[MPC Murder: Unintended Killing]
When the killing is UNINTENDED, then the standard is...? |
Killing is UNINTENDED Standard:
Reckless under circumstances manifesting EXTREME INDIFFERENCE to life. |
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[MPC Murder: Unintended Killing]
D _____ _____ a risk that his act may cause death. |
D *consciously disregards* (subj) that his act may cause death
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[MPC Murder: Unintended Killing]
Level of Risk is assessed [objectively/subjectively]? |
Objectively
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[MPC Murder: Unintended Killing]
Level of Risk must be (1)____________________ AND (2)________________. |
Level of Risk must be:
(1) Substantial and unjustifiable so that law-abiding citizen would call it gross AND (2) Manifests extreme indifference to life. |
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Felony Murder Rule in MPC?
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There is NO Felony Murder Rule in MPC.
BUT-- A killing during listed felonies (rape, robbery, murder, etc.) may rise to INFERENCE from the fact (ex. carrying a bazooka in bank) to equate to a MANIFEST INDIFFERENCE TO LIFE. |
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MPC 210.3?
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MPC 210.3:
Manslaughter |
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MPC: Manslaughter: Intended Killing Standard?
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Extreme Mental/Emotional disturbance for which there's a reasonable explanation or excuse.
(MPC 210.3(1)(b)] |
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[MPC: Manslaughter: Intended Killing - EED]
Case Example? |
Elliot
- range killer brother |
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[MPC: Manslaughter: Intended Killing - EED]
Extreme Mental/Emotional Disturbance does NOT equate to ________? |
Insanity
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[MPC: Manslaughter: Intended Killing - EED]
Definition of Extreme Mental/Emotional Disturbance? |
Am extremely unusual/overwhelming state - not a mere annoyance/unhappiness.
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[MPC: Manslaughter: Intended Killing - EED]
Reasonableness of Explanation based on facts from what view? |
Reasonableness based on facts AS D SAW THEM TO BE.
(takes into account mistakes) |
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[MPC: Manslaughter: Intended Killing - EED]
Examples of things that ARE taken into account for the reasonableness of explanation (assessed from person in D's situation)? |
Physical Handicap
Blindness Youth Mistake (WHETHER REASONABLE OR UNREASONABLE!) |
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[MPC: Manslaughter: Intended Killing - EED]
What is NOT taken into account for the reasonableness of explanation (assessed from person in D's situation)? |
Unique Moral Code
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[MPC: Manslaughter: Intended Killing - EED]
Some instances of intentional homicide may be as much attributable to __________ as to the MORAL DEPRAVITY OF THE ACTOR. |
Some instances of intentional homicide may be as much attributable to EXTRAORDINARY NATURE OF THE SITUATION as to the MORAL DEPRAVITY OF THE ACTOR.
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[MPC: Manslaughter: Intended Killing - EED]
Standard (reas. person in situation) is NOT _____ _____ (if it WERE, it would make no allowance for human frailty and wouldn't allow jury to consider any of D's characteristics such as mental state) |
Standard is not RIGIDLY OBJECTIVE.
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[MPC: Manslaughter: Intended Killing - EED]
This approach's OBJECTIVE nature...? |
Approach is objective as it involves the Reasonable Person standard.
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[MPC: Manslaughter: Intended Killing - EED]
This approach's SUBJECTIVE nature...? |
Approach is subjective as it involves the circumstances as D BELIEVED them to be.
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[MPC: Manslaughter: Intended Killing - EED]
This approach is NON-RIGIDLY OBJECTIVE because it....? |
Approach is non-rigidly objective because IT ALLOWS SOME OF D'S CHARACTERISTICS TO APPLY TO THE REASONABLE PERSON.
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[MPC: Manslaughter: Intended Killing - EED]
Comparison to Common Law Approach? |
[MPC: Manslaughter: Intended Killing - EED] is more LENIENT than common law!
(GO TO SLIDE THREE TO SEE 4 COMPARISONS) |
(1) CL: requires a singly triggering/provoking event
(1) MPC: does not require a single act. (2) CL: considers cooling off. (2) MPC: does not consider cooling off. (3) CL: Provocation negates malice aforethought - so government must prove D was not provoked. (3) MPC: EED an AFFIRMATIVE defense - so government only has to prove killing was purposeful/knowing. (4) CL - Rigidly Objective Test (doesn't take into account D's characteristics) (4) MPC - Non R-O Test. Altered RP Standard. Allows for RP to have some of D's characteristics, but STILL must be REASONABLE. |
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"Even if all the fucking elements are met - then I still will get off!"
- Doesn't negate an element! |
Affirmative Defense
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______ _____ decides if government gets BOP for Affirmative Defense or not.
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STATE STATUTE decides if gov't gets BOP for Aff. Def. or not.
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MPC: Manslaughter ----UNINTENDED Killing!!
When killing is UNINTENDED, D Kills ______. |
When killing is UNINTENDED - D kills RECKLESSLY.
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[MPC: Manslaughter: UNINTENDED Killing]
D consciously disregards (subj) the risk that....? |
D consciously disregards (subj) the risk that HIS ACT MIGHT CAUSE DEATH.
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[MPC: Manslaughter: UNINTENDED Killing]
The Level of Risk? |
The Level of Risk is SO SUBSTANTIAL that a LAW-ABIDING CITZ. would label it GROSS.
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What if the level of risk for MPC Manslaughter - Unintended -- was NOT Gross but "Gross Plus"?
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If Level of Risk were "GROSS PLUS" then it would be MURDER.
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MPC 210.4?
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Negligent Homicide
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[MPC: Negligent Homicide]
When killing is INTENDED...? |
[MPC: Negligent Homicide]
When killing is intended --- Negligent Homicide is N/A!! |
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[MPC: Negligent Homicide]
When killing is UNINTENDED...? |
[MPC: Negligent Homicide]
When killing is UNINTENDED then D KILLS VICTIM NEGLIGENTLY. |
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[MPC: Negligent Homicide (unintended)]
Reasonable Person Standard? |
Reasonable Person (obj.) would be aware that act of D could cause death.
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[MPC: Negligent Homicide (unintended)]
Level of Risk? |
Level of Risk is SO SUBSTANTIAL and UNJUSTIFIABLE that a R.P. (obj) would label it as GROSS.
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