Mens Rea 

General vs Specific Intent

General-only mens rea issue is whether the defendant intended to engage in the prohibited conduct

Specific-Mens rea includes D's intent to achieve some result in addition to the prohbiited conduct

Model Penal Code

Mens Rea

Purposely-Conscious object to engage in conduct or cause result

Knowingly-practically certain of result

Recklessly-Porbability of risk less than practically certain

Negligently-inadvertent creation of risk of which actor should be aware

Strict Liability-no specific mental state required

Intent to kill (1st or 2nd)

Depraved Heart Murder (2nd)

Intent to inflict grievous bodily injury (2nd)

Felony Murder (1st or 2nd)

Mansluaghter

Inovlountary (heat of passion)

Voluntary(reckless or gross negligence)

1st-Willful, deliberate, premeditated or

committed in statutorily specific manner

2nd-All other murders are 2nd degree

Reckless killing occuring under circumstandces manifesting an extreme indifference to the value of human life

"Malice is implied when the killing is proximately cause by an act, the nature of consequences of which are dangerous to life, which act was deliberatly performed by a person who knows that his conduct endangers the life of another and who acts w/concious disregard for life

"Rule of Provocation"

1. Killing done in the heat of passion

2. Adequate Provocation

3. No reasonable opportunity for passion to cool

4. Causual connection between provocation, passion and fatal act

Recklessness

1. D is aware of and consciously disregards a substantial and unjustifiable risk of death AND risk is such a nature and degree that disregard constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation

2. D's disregard caused death of another

Criminal Negligence

1. D creates a substantial and unjustifiable risk of death of which he should be aware; ANd  Failure to perceive risk was a gross deviation from the standard of care a reasonable perosn would have excercised under the circumstances

2. D's failure to perceive risk caused the death of another

1st degree-killing during the commission of a statutorily enumerated felony (i.e. rape, robbery, abduction/kidnapping, arson). Punished same as 1st degree murder

2nd Degree- Killing during the commission of an "inherently dangerous" felony. Punished same as 2nd degree murder 

Only homicide felonies merge

Any assault based crime merges

Crimes with assault as the sole felonious element merge with homicide

Homicide felonies (voluntary & involuntary manslaughter) ALWAYS merge and can NEVER be used as predicates for felony murder. 

1. Necessity (imminent threats, no non-deadly response availble)

2. Proportionality- never entitled to use deadly force to repel non-deadly attack

3. Reasonable belief rule- actor subjectively believes, and has objectively reasonable grounds for believing, that the force used was necessary to repel an immenent deadly attack