Useful Legal Concepts

Please review the following useful links for your own good as you prepare for the trial:

http://en.wikipedia.org/wiki/Murder

http://en.wikipedia.org/wiki/Murder_(United_States_law)

http://en.wikipedia.org/wiki/Mens_rea

http://en.wikipedia.org/wiki/Causation_(law)

http://en.wikipedia.org/wiki/Attendant_circumstance

http://en.wikipedia.org/wiki/Concurrence

Degrees of murder in the United States

States have adopted several different schemes for classifying murders by degree. The most common separates murder into two degrees, and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder.

• • First degree murder is any murder that is willful and premeditated. Felony murder is typically first degree.^[5][6]

  • Second degree murder is a murder that is not premeditated or planned in advance.^[7]

  • Voluntary manslaughter sometimes called a "Heat of Passion" murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed." Both this and second degree murder are committed on the spot, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.^[8]

  • Involuntary manslaughter stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntary manslaughter. Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional," because the killer did not intend for a death to result from his intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself. ^[9]

The Model Penal Code classifies homicides differently, without degrees. Under it, murder is any killing committed purposefully and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.^[10]

Some states classify their murders differently. In Pennsylvania, California, and Massachusetts, first degree murder encompasses premeditated murders, second degree murder encompasses accomplice liability, and third degree serves as a catch-all for other murders. In New York, first-degree murder involves "special circumstances," such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture.^[11] Under this system, second degree murder is any other premeditated murder.^[12] Texas uses a similar scheme to New York, but refers to first-degree murder as "capital murder," a term which typically applies only to those crimes that merit the death penalty. Some states, such as Florida, do not separate the two kinds of manslaughter.

http://en.wikipedia.org/wiki/Model_Penal_Code

Mens rea or Culpability

One of the major innovations of the MPC is its use of standardized mens rea terms (criminal mind, or in MPC terms, culpability) to determine levels of mental states, just as homicide is considered more severe if done intentionally rather than accidentally. These terms are (in descending order) "purposely", "knowingly," "recklessly", and "negligently", with a fifth state of "strict liability". Each material element of every crime has an associated culpability state that the prosecution must prove beyond a reasonable doubt.

• • Purposely. If the element involves the nature of the conduct or the result thereof, it is his conscious object to engage in that conduct or cause the result. If the element involves attendant circumstances, he is aware of the circumstances or believes or hopes that they exist.

  • Knowingly. If the element involves the nature of the conduct or the attendant circumstances, he is aware that his conduct is of that nature or that the circumstances exist. If the element involves a result, he is practically certain that the result will occur. Further, if the element involves knowledge of the existence of a particular fact, it is satisfied if he is aware of a high probability of the existence of that fact, unless he actually believes that it does not exist.

  • Recklessly. A person consciously disregards a substantial and unjustifiable risk that the element exists or will result, such that its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe.

  • Negligently. A person should be aware of a substantial and unjustifiable risk that the element exists or will result, such that the failure to perceive it involves a gross deviation from the standard of conduct that a reasonable person would observe.

If an offense requires a specific kind of culpability, then any more severe culpability will suffice. Thus if an offense is defined in the form, "It is illegal to knowingly do X," then it is illegal to do X knowingly or purposely (a more severe state), but not to do so recklessly or negligently (the two less severe states). Strict liability means that it is illegal to do something, regardless of one's mental state. If a statute provides only a single kind of culpability for a crime, that kind of culpability is assumed to apply to all elements. If no culpability is stated by statute, a minimum of recklessness is assumed to be required. The MPC declines to use the common terms "intentional" or "willful" in its specification of crimes, in part because of the complex interpretive history of these terms. However, it defines that any (non-MPC) statute in the jurisdiction's criminal code that uses the term "intentionally" shall mean "purposely," and any use of "willfully" shall mean "with knowledge." If a law makes an actor absolutely liable for an offense, the actor can only be guilty of what the MPC calls violations, which only deserve penalties of fines, and no jail time. See sections 2.05 and 1.04.