REDONE Module 6 - MPC (Organized)

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8 Terms

1
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  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).

2
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How does MPC Murder differ from CL Murder?

  1. the MPC draws no distinction for premeditation

  2. intent to cause serious bodily injury is not independently sufficient. The prosecution must prove a murder mental state, such as recklessness manifesting extreme indifference.


3
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How does the MPC determine whether to charge someone with Murder (Reckless) or Manslaughter (Reckless)?

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

Murder Recklessness: An extremely high risk of death with no regard for human life (e.g. firing a gun into a crowded room to scare people).

Manslaughter Recklessness: A serious risk taken without that complete disregard (e.g. driving 70mph in a 35mph zone while late for work, swerving around pedestrians).

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  1. Manslaughter (Extreme Emotional Disturbance): General Rule


An mitigating circumstance that downgrades murder to manslaughter.

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  1. 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?


6
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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.

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  1. Manslaughter (Reckless)


A killing is manslaughter if the defendant consciously disregarded a substantial and unjustifiable risk of death without the extreme indifference required for murder.

8
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  1. Negligent Homicide


A killing is negligent homicide if the defendant was unaware of the risk of death but a reasonable person would have realized it, and the failure to perceive it was a gross deviation from reasonable care. It is the least serious MPC homicide.