1. Statutory Reformation (Degrees of Murder)
1.1. Pennsylvania Model
1.1.1. 1st degree murder
1.1.1.1. committed in a statutorily specified manner are considered morally heinous to merit the stiffest penalty
1.1.1.2. Willful, deliberate and premeditated killing
1.1.1.3. homicide occuring during the perpetration or attempt of an enumerated felony
1.1.2. 2nd degree murder
1.1.2.1. All those not listed as first degree
1.1.3. Manslaughter: unlawful killing of another human being w/o malice aforethought (Homicide w/o malice aforethought for which there is no justification of excuse)
1.1.3.1. Four forms
1.1.3.1.1. Voluntary
1.1.3.1.2. Involuntary/criminally negligent
1.1.3.1.3. Involuntary/ Misdemeanor manslaughter
1.1.3.1.4. Misdemeanor Manslaughter
2. New Topic
3. Common Law
3.1. Defined
3.1.1. the killing of a human being by another human being
3.1.1.1. Life Begins: Only applicable to fetus if born alive
3.1.1.1.1. Modernly, life begins at a various point. Depending on jurisdiction, it can begin when viable fetus, point of conception or during quickening.
3.1.1.2. Life ends: When cessation of the animal and vital functions occurs consequent there on.
3.1.1.2.1. Modernly, upon brain death (when the whole brain irrevocably ceases to function) or individual experiences the cessation of breathing and heartbeat
3.2. Year-and-a-day Rule
3.2.1. Provided the defendant may not be prosecuted fro criminal homicde unless victim died within one year and a day of the act that inflicted the injury
3.2.1.1. Modernly, considered outdated and ignored.
3.3. Murder: Killing of a human being by another human being w/ malice aforethought
3.3.1. Malice aforethought
3.3.1.1. Unless a statute modifies, aforethought is the thought or premeditation of homicide including spur of the moment killings
3.3.1.2. Malice is any person w/in 4 states of mind
3.3.1.2.1. In the absence of an excuse, justification of mitigating circumstance, each manifests actors indifference to the value of human life
3.4. Manslaughter: unlawful killing of another human being w/o malice aforethought (Homicide w/o malice aforethought for which there is no justification of excuse)
3.4.1. Four forms
3.4.1.1. Voluntary
3.4.1.1.1. Intentional killing in the heat of passion as a result of adequate legal provocation
3.4.1.2. Involuntary/criminally negligent
3.4.1.2.1. Unintentional killing that is the result of an act lawful in itself, but done in an unlawful manner and w/o caution or circumspection
3.4.1.3. Involuntary/ Misdemeanor manslaughter
3.4.1.3.1. unintentional killing during the commission or attempted commission of an unlawful act
3.4.1.4. Misdemeanor Manslaughter
3.4.1.4.1. Defendant kills during the course of furtherance of committing a misdemeanor
4. MPC
4.1. guilty if the unjustifiably and inexcusably takes the life of another human being purposefully, knowingly, recklessly or negligently
4.1.1. recognizes 3 forms
4.1.1.1. Murder
4.1.1.1.1. Actor unjustifiably and inexcusably and in absence of mitigating circumstance kills another:
4.1.1.1.2. Felony of the 1st degree; Minimum sentence 1-10 yrs max death or life
4.1.1.2. manslaughter
4.1.1.2.1. Guilty when recklessly killing another or killing another under circumstances or would normally constitute murder but which homicide is committed as a result of extreme mental or emotional disturbance.
4.1.1.3. negligent homicide
4.1.1.3.1. Felony of the 3rd degree, carries minimum sentence of 1-2 yrs. max 5 yrs