MPC homicide

How does the MPC treat murder differently from common law?

• No degrees of murder

• Culpability is considered at sentencing, not grading

What is murder under the MPC?

Killing purposely, knowingly, OR recklessly with extreme indifference to human life.

What is the test for 210.2(1)(a)?

purposely/intentionally

• Δ purposefully killed, OR

• Δ did not purposefully kill but knew conduct would kill

What is the key idea behind extreme indifference?

Some reckless killings are as blameworthy as purposeful/knowing killings.

What is the test for 210.2(1)(b)?

extreme indifference murder/recklessness

• Δ did not purposely kill

• Did not know conduct would kill

• BUT acted with extreme indifference to human life

What is manslaughter under 210.3(1)(b)?

• Δ purposefully killed 210.2(1)(a)→ but had EMED

• Δ knowingly killed through his conduct 210.2(1)(b) → but had EMED

• Δ acted with extreme indifference 210.2(1)(b) → but had EMED

How is reasonableness judged for EMED?

From the viewpoint of a person in D’s situation under the circumstances as D believed them.

• More subjective, but still has objective component.

How does MPC EMED differ from common law provocation?

• Broader - subjective

• More favorable to D

Does MPC require a cooling-off period analysis?

No—cooling off is irrelevant.

Who decides EMED under MPC?

Jury—focus on whether conduct evokes sympathy in ordinary citizens.

What is manslaughter under 210.3(1)(a)?

Reckless killing.

• Δ did not purposely kill

• Did not know conduct would kill

• Did not act with extreme indifference

• BUT recognized a substantial and unjustifiable risk of death

🌟starting point!

What is the test for negligent homicide, 210.4?

• Δ did not purposely kill

• Did not know conduct would kill

• Did not act with extreme indifference

• Did not recognize the risk

• BUT should have recognized a substantial and unjustifiable risk

Does MPC have a true felony murder rule?

no

What is the MPC compromise on felony murder?

Presumption of extreme indifference murder.

What crimes count as extreme indifference under MPC?

• Robbery

• Rape (or deviate sexual intercourse by force/threat)

• Arson

• Burglary

• Kidnapping

• Felonious escape

What is the felony-based murder test under MPC?

• Δ did not purposely or knowingly kill

• Did not otherwise meet murder mens rea

• BUT was committing a listed felony → presumption of extreme indifference