Module 6 - MPC (Organized)

1. Murder: Rule

A killing committed:

purposely,

knowingly, or

recklessly under circumstances manifesting extreme indifference to the value of human life (without justification, excuse, or mitigation).

How does MPC Murder differ from CL Murder?

Unlike Common Law, this applies if a defendant intends grievous bodily harm and causes death (reckless with extreme indifference), and there is no distinction for premeditation.

Ordinary recklessness/negligence is excluded.

2. Manslaughter (Extreme Emotional Disturbance): General Rule

An affirmative defense that downgrades murder to manslaughter.

2. Manslaughter (Extreme Emotional Disturbance): Two-Step Test

1. Subjective: Did the defendant himself actually act under Extreme Emotional Disturbance (EED)?

2. Objective/Subjective Blend: Would a reasonable person in Defendant’s situation, under the circumstances as he believed them to be, have a reasonable excuse?

How does MPC Manslaughter (EED) differ from CL Heat of Passion?

MPC does not require the reaction to be sudden, does not require adequate provocation, and words alone can count.

3. Manslaughter (Reckless)

The defendant knew there was a substantial risk of death, but ignored it and committed the act anyway.

4. Negligent Homicide

The defendant was completely oblivious to the risk of death, but a reasonable person would have realized it. This is the least serious type of homicide under the MPC.

What is the difference between MPC Murder and MPC Manslaughter if both are triggered through reckless behavior?

Weigh magnitude of the risk against the social utility of D’s conduct.

1. Manslaughter Recklessness: Massive risk, but D didn’t set a zero risk on the value of human life. (e.g. D is running late for work and drives 70mph in a 35mph zone, swerving to avoid pedestrians).

2. Murder Recklessness: Extremely high risk of death with zero value for human life. (e.g. firing a gun in a crowded room to scare people).