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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 ______.
Presents system where killing is murder when it is committed knowingly or purposefully.
Gov’t must present aggravating factors while DEF presents mitigating factors after ......?
after murder has been proven
If jury finds that aggravating factors outweigh mitigating factors, they can .....?
impose the death sentence
MPC 210.2?
MURDER (MPC 210.2)
Murder:
When Killing is INTENDED must be _____ and _____.

Which is more culpable?
Purposeful AND Knowing

Purposeful is MORE culpable.
___________ are used to determine whether the crime deserves or doesn't deserve a death penalty .

(MPC Murder: when killing is intended)
Mitigating/Aggravating Factors
[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.
[MPC Murder: Unintended Killing]

D _____ _____ a risk that his act may cause death.
D *consciously disregards* (subj) that his act may cause death
[MPC Murder: Unintended Killing]

Level of Risk is assessed [objectively/subjectively]?
Objectively
[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.
Felony Murder Rule in MPC?
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.
MPC 210.3?
MPC 210.3:
Manslaughter
MPC: Manslaughter: Intended Killing Standard?
Extreme Mental/Emotional disturbance for which there's a reasonable explanation or excuse.

(MPC 210.3(1)(b)]
[MPC: Manslaughter: Intended Killing - EED]

Case Example?
Elliot

- range killer brother
[MPC: Manslaughter: Intended Killing - EED]

Extreme Mental/Emotional Disturbance does NOT equate to ________?
Insanity
[MPC: Manslaughter: Intended Killing - EED]

Definition of Extreme Mental/Emotional Disturbance?
Am extremely unusual/overwhelming state - not a mere annoyance/unhappiness.
[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)
[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!)
[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
[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.
[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.
[MPC: Manslaughter: Intended Killing - EED]

This approach's OBJECTIVE nature...?
Approach is objective as it involves the Reasonable Person standard.
[MPC: Manslaughter: Intended Killing - EED]

This approach's SUBJECTIVE nature...?
Approach is subjective as it involves the circumstances as D BELIEVED them to be.
[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.
[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.
"Even if all the fucking elements are met - then I still will get off!"

- Doesn't negate an element!
Affirmative Defense
______ _____ decides if government gets BOP for Affirmative Defense or not.
STATE STATUTE decides if gov't gets BOP for Aff. Def. or not.
MPC: Manslaughter ----UNINTENDED Killing!!

When killing is UNINTENDED, D Kills ______.
When killing is UNINTENDED - D kills RECKLESSLY.
[MPC: Manslaughter: UNINTENDED Killing]

D consciously disregards (subj) the risk that....?
D consciously disregards (subj) the risk that HIS ACT MIGHT CAUSE DEATH.
[MPC: Manslaughter: UNINTENDED Killing]

The Level of Risk?
The Level of Risk is SO SUBSTANTIAL that a LAW-ABIDING CITZ. would label it GROSS.
What if the level of risk for MPC Manslaughter - Unintended -- was NOT Gross but "Gross Plus"?
If Level of Risk were "GROSS PLUS" then it would be MURDER.
MPC 210.4?
Negligent Homicide
[MPC: Negligent Homicide]

When killing is INTENDED...?
[MPC: Negligent Homicide]

When killing is intended --- Negligent Homicide is N/A!!
[MPC: Negligent Homicide]

When killing is UNINTENDED...?
[MPC: Negligent Homicide]

When killing is UNINTENDED then D KILLS VICTIM NEGLIGENTLY.
[MPC: Negligent Homicide (unintended)]

Reasonable Person Standard?
Reasonable Person (obj.) would be aware that act of D could cause death.
[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.