Intro to Homicide

What does State v. Guthrie elucidate?

showing importance of deliberation and premeditation it's not the same intention  

What does Hatfield in relation to deliberation and premediation?

• Premed thinking about beforehand (quantitative) 

  • Was there any time what was the time 

• Deliberation cool mind that can reflect (qualitative)  

  • Were you able to think about it  

State v. Guthrie (who wins, statute, phrase that pays, facts)?

• What's the phrase that pays: "willful, deliberate, and premeditated killing"  

• What's the statute: the jury instructions: 

  • “The court instructs the jury that to constitute a willful, deliberate, and premeditated killing, it is not necessary that the intention to kill should exist for any particular length of time prior to the actual killing” 

• Who won: Guthrie won reversed 

• Facts: 

  • Guthrie worked at rib house as dishwasher with a few other guys  

  • Farley and some other workers were playing around with him flicking towel in his face flipped him in the nose  

  • Guthrie having a hard time others no idea he was having a hard time  

    • Had a hard time with his nose body dysmorphia  

  • Guthrie takes off gloves before stabbing Farley in the neck

Whats the new rule after Guthrie?

• New rule after Guthrie: 

  • Killing done after time for prior consideration  

  • Duration not fixed  

  • As long def fully conscious of what he intended it's suf for first degree murder  

What does Midgett v. State elucidate?

good case to talk about the rule of lenity in relation to homicide

Midgett v. State (who wins, statute, facts)?

• Who wins this case: the state  

  • They modified prev ruling to murder in 2^nd degree  

  • Loses on battery "with the purpose of causing serious injury" [resulting in death] 

• What was the statute: Ark stat ann section 41-1502 (1) (b) 

• Mens rea: "premeditated and deliberate purpose of causing the death of another person"  

• Facts:  

  • Father kept beating kid 

  • Beaten again on Saturday died on Wednesday  

  • Dad drank and hit him twice in stomach ache twice in neck 

  • Autopsy shows intra ab hemorrhage  

  • Rib fractures and under nourished  

• Majority says: 

  • He intended to beat his child not kill his child  

Was Midgett decided on facts or law?

This was decided on the law according to what the court says not what a jury said

What does State v. Forest elucidate?

what does it mean to deliberate/how do we figure that out

State v. Forest (who wins, four possibilities, statute, phrase that pays, facts)?

• Who won: the state (the prosecution) 

• Four possibilities in forest 

  • First degree murder 

  • Second degree murder 

  • Vol manslaughter 

  • Not guilty  

• What was the statute: the first degree murder statue  

• Phrase that pays: premeditation and deliberation 

• Facts: 

  • Ill father admitted to hospital his father's condition got worse  

  • Def left alone with father distraught, father started gurgling, pulled out a pistol and shot him 4x 

  • He says he did it; he wanted to end father's suffering  

Per Forest what do they use to understand wether or not he had premeditation and deliberation

• Circumstantial evidence: 

  • No provocation 

  • Conduct and statements 

  • Threats  

  • Ill will  

  • Lethal blows after victim has been felled  

  • Done in brutal manner 

How could we distinguish worse murders if a premediation/deliberation formula is not used?

What MPC does is has no degrees about murder but distinguishes at sentencing