These are the steps that someone would have to go through to do a simple analysis of murder on a law school exam. Facts of course are omitted but on a real test you would also apply the facts to the law listed below and examine the question that way. This is ONLY for a crime involving a dead body. CRIM LAW STUDY GUIDE Murder: At common law murder is the unlawful killing of a person with malice aforethought express or implied. Express malice is the intent to kill. Implied malice is an intentional act dangerous to human life, which the actor knew to be dangerous to human life, and where the actor chooses to consciously disregard that danger. Under California law murder is the unlawful killing of a person or fetus with malice aforethought express or implied. Express malice is the intent to kill. Implied malice is an intentional act dangerous to human life, which the actor knew to be dangerous to human life, and where the actor chooses to consciously disregard that danger. Under the model penal code murder is a killing that is committed purposely, knowingly, or is committed recklessly under circumstances manifesting in an extreme indifference for human life. If the DA feels that they can show the killing took place under these circumstances, they will charge the defendant with murder. Under the model penal code, criminal homicide is the purposely, knowingly, recklessly, or negligently causing of the death of another human being. Human being in this case means born and alive. In order for the killing to be murder, it must be done purposely or knowingly, or recklessly under circumstances manifesting an extreme indifference for human life. Conspiracy to commit murder If it is found that the defendant agreed with one or more people to commit the killing, the defendant may be guilty of conspiracy to commit murder. Murder first: Once it has been established that a murder has taken place, the prosecution will attempt to prove that the murder that took place was of the 1'st degree. In order to prove first degree murder the prosecution will have to prove that the killing was premeditated (considered beforehand), deliberated (involved a careful weighing of the consequences), and was willful (an intentional killing). They may also prove first degree murder by statutory means, meaning that if the defendant violated certain statutory provisions during the killing it will automatically be upgraded to murder in the first degree. It is worth noting that in a California court the Anderson factors of planning, motive, and manner will likely be used by the court in determining whether the murder was premeditated, deliberated, and was willful. Murder Second: If the prosecution is unable to prove any one of the elements of first degree murder beyond a reasonable doubt, they will likely charge the defendant with murder of the second degree. Second degree murder is generally all murder not of the first degree, but is more specifically, it is a murder committed with implied malice or a murder committed with express malice but without all the elements of first degree murder. Felony Murder Rule: The prosecution may also find the Defendant guilty of murder under the felony murder rule. In order to prove a felony murder under common law, the victim must have died during the commission of a felony by the Defendant. Under common law the sentence would often be death. Under California law felony murder is divided into first and second degree. First degree felony murder is defined as a death taking place during the commission of an enumerated felony with the specific intent to commit that underlying felony. There is no merger rule for first degree felony murder. If the prosecution finds that the crime lacks the elements of first degree felony murder, they will charge the defendant with second degree felony murder which is a death that takes place during a non-enumerated felony, where defendant had the specific intent to commit that felony, and that that felony was inherently dangerous in the abstract, and that the underlying felony was not assaultive in nature. If the underlying felony is assaultive in nature, the death will merge with the underlying assault and felony murder of the second degree is inapplicable. Manslaughter: If the prosecution is unable to prove the malice necessary for a charge of murder, they will charge the defendant with manslaughter. Under California law murder is an unlawful killing without malice. Under the model penal code, manslaughter is a criminal homicide committed recklessly. Under the model penal code manslaughter is a criminal homicide committed recklessly. Voluntary manslaughter: After the prosecution has established manslaughter, they will attempt to prove that the manslaughter was committed voluntarily. At common law voluntary manslaughter is the unlawful killing of a human being without malice but with intent to kill in the heat of passion or sudden quarrel. There must also be a reasonable provocation. Words alone are not sufficient. Under California law voluntary manslaughter is a killing in the heat of passion or in sudden quarrel with the same stipulation of reasonable provocation as common law. Model penal code voluntary manslaughter is the intentional killing of a person in the heat of passion as a result of severe provocation. Involuntary Manslaughter: If the prosecution is unable to prove involuntary manslaughter, they will charge the defendant with involuntary manslaughter which is the unlawful killing of a human being during a lawful act done in a grossly negligent way or an unlawful act, not amounting to a felony. Defenses Intentional Intoxication Intentional intoxication cannot be used as a perfect defensefor murder. Unintentional intoxication may be a defense. Intentional intoxication may be used to negate a mens rea element in crimes that have one. Insanity acquired over a period of time through abuse of intoxication is treated as normal insanity. However temporary insanity caused by voluntary intoxication is not treated as insanity. This too can negate the mens rea element. Insanity In order to find the defendant legally insane under the common law, the defense must prove that the defendant has a mental capacity no more than that of a wild beast. Under California law the defendant can only be declared legally insane if they do not understand the nature of their acts or are unable to distinguish between right and wrong. Under the model penal code the defense must show that the defendant lacks the mental capacity needed to understand the wrongfulness of an act, or to conform their behavior to the law. Self defense Assuming that the prosecution is able to prove the elements of Murder, the defendant will want to establish the defense of self defense. In order to establish the affirmative defense of self defense under common law the Defendant will want to show that they used reasonable force to protect himself, or others for whom he is responsible. Under California the defense will have to show that the defendant defended himself from attack because he believed that bodily injury was about to be inflicted upon him. They must also prove that the defendant used reasonable force for the circumstances, to prevent the injury which appears to be imminent. In this case it would have to be proved that the defendant was faced with imminent deadly force. This defense is not available after the danger ceases or the adversary is disabled or to an aggressor or participant in mutual combat who has not tried to stop fighting. Certain circumstances can justify a preemptive strike. Duress Duress is never a defense to the killing of another human being. | 