Y Homicide: MPC

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4 Terms

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Murder: MPC

Killing committed with

  1. purpose,

  2. knowledge,

  3. or recklessness

  4. under circumstances manifesting extreme disregard for the value of human life (Recklessness Plus)

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Mitigation to Murder (Downgrades to Voluntary Manslaughter): MPC

EED

1. Subjective Distress

  • The defendant must actually have been under extreme emotional distress at the time of the killing.

  • No requirement of suddenness or immediacy.

    Objective/Subjective Reasonableness

  • The emotional disturbance must be reasonable, evaluated:

    • From the viewpoint of a person in the defendant’s situation

    • Under the circumstances as the defendant believed them to be

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Felony Murder Rule

There will be a presumption of recklessness, but will still have to be proven

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Negligent Homicide (Involuntary Manslaughter)

This offense covers killings committed with Gross Criminal Negligence (GCN)