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8 Cards in this Set
- Front
- Back
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Premeditated
Carroll Approach |
Purpose to Kill + Reflection
Reflection to be determined by jury Time or Planning are NOT required |
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Premeditated
Guthrie Approach |
Purpose to kill + Reflection
Time is needed Anderson Factors |
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Anderson Factors
Guthrie Approach |
(1) Planning activity - (if plan then reflection)
(2)Defendant/victim's prior relationship (3)Method of killing - consistent with preconceived plan (4)Motive |
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Voluntary Manslaughter (Provocation Common Law)
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Defendant was actually and reasonably impassioned [sorely temped to kill] at the time of killing
(1)Victim must have actually provoked Defendant (2) Reasonableness included a cooling off period (3)Reasonableness question is first determined broadly by the judge acting as gatekeeper (Categorical or Maher approach) |
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Categorical (Girouard Approach)
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Words are not enough for provocation. These acts are
((1)Extreme assault, (2)mutual combat, (3)illegal arrest, (4)injury/abuse of close relative, (5)sudden discovery of spousal adultery (this category was eliminated by legislature) Judge serves as the gatekeeper |
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Maher Approach to Provocation
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Based on the facts it is up to the jury to decide if the provocation is one that inflames the passions of a reasonable man.
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MPC EED Provocation
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Two part test:
1. Acted under influence of extreme emotional disturbance? AND 2. Was there a reasonable explanation for the disturbance i. From the standpoint of a reasonable person who shares D’s understanding of the situation and characteristics. |
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Depraved Heart Murder (2nd Degree Murder)
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Recklessnes manifesting extreme indifference to the value of human life
Recklessness + Qualitative assessment of extreme difference |
