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The Murder Analysis: the Basic Template

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The Murder Analysis: the Basic Template THE MURDER ANALYSIS: THE BASIC TEMPLATE I. Common Law/ Prima Facie Case A. Rule: Murder = Homicide + Malice B. Homicide C. Malice D. If no malice, there may be involuntary manslaughter. II. Common Law/ Defenses & Mitigations A. Defenses B. Mitigations C. Manslaughter? If killing was in the heat of passion, consider Voluntary Manslaughter III. Degrees/First degree or second degree? A. Premeditation AND Deliberation coupled with intent to kill is first degree B. Felony Murder – a killing committed during the commission of an inherently dangerous felony is also first degree. C. Killing with intent to inflict serious bodily harm or killing with a depraved heart is second degree. THE MURDER ANALYSIS: ANNOTATED FULL FORM Use When the Call of the Question is for: Any Type of Murder, Murder and/or Manslaughter, or Homicide-Related Crimes in General. Do Not Use When the Call of the Question is Expressly Limited to Manslaughter. I. Common Law/ Prima Facie Case A. Rule: Murder = Homicide + Malice B. Homicide C. Malice Aforethought 1. Name All Four Types: (a) intent to kill; (b) intent to cause serious bodily harm; (c) depraved heart; and (d) felony murder 2. In one sentence, state the Types that don’t apply 3. Discuss in detail the Types that do apply (Full IRAC discussion for each.) D. Manslaughter? If you have a Homicide, but cannot show Malice Aforethought, switch to Manslaughter For manslaughter, remember that there are two types. First, look to see if you can mitigate the charge to voluntary manslaughter by finding that the killing was done in the heat of passion. You can mitigate an intentional killing to voluntary manslaughter if: 1. The defendant was enraged enough to kill (subjective.) 2. A reasonable person would have been enraged enough to kill (objective.) 3. The defendant did not cool off (subjective.) 4. A reasonable person would not have cooled off (objective.) Voluntary manslaughter results where defendant can show that the murder resulted from adequate provocation whereas involuntary manslaughter requires one of the following mental states: 1. Intent to cause slight injury 2. Reckless or grossly negligent conduct, or 3. Participation in a “non dangerous felony" crime. Again, where involuntary manslaughter is applicable, in one sentence, you’ll state the Types that don’t apply but will discuss in detail the Types that do apply (Full IRAC discussion for each.) II. Common Law/ Defenses & Mitigations A. Defenses First 1. Self-Defense/Defense of Others 2. Other Defenses B. Mitigations after Defenses 1. Imperfect Defenses 2. Heat of Passion* Voluntary Manslaughter 3. Other Mitigations C. Manslaughter? If any Defense or Mitigation is effective, switch to Manslaughter III. First Degree Murder: (1) if you can make the Prima Facie Case for Common Law Murder and (2) none of the Defenses or Mitigations are effective, then go on to First Degree Murder A. Premeditation AND Deliberation 1. Premeditation – thinking about it twice, “what you are thinking” 2. Deliberation – thinking about it with a cool head, “how you are thinking” 3. Note: Passage of Time is A way of showing Premeditation, and it is A way of showing Deliberation; but Passage of Time is NOT the only way of showing Premeditation or Deliberation B. Felony Murder 1. Requires a Statute Providing that this is First Degree Murder 2. Where the Facts are Silent, use: “If this jurisdiction has a statute…” .
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