5 Written Questions

1. A killing committed purposefully or knowingly or recklessly in a manner manifesting extreme indifference to the value of human life, which occurs as a result of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse.
2. Murder requires that the actor performed the killing with malice aforethought. At common law there were NO DEGREES of murder.
3. Willful: Killing was done intentionally
4. Does not have malice aforethought. Does not have degrees of murder.
5. 1. Conduct by the D that includes a voluntary act (or an omission to act when the actor had a duty)
   2. Must be social harm
   3. Must be mens rea
   4. Must be actual causation
   5. Must be proximate causation

5 Matching Questions

1. How is Intent defined?
2. What is the definition of Homicide?
3. What is a voluntary act (common law)?
4. What constitutes MPC Duress?
5. What is meant by Adequate provocation?

1. a The killing of a human being by a human being. (includes suicide)
2. b It is an affirmative defense that the actor engaged in criminal conduct because he was coerced to do so by the use of or the threat to use unlawful force against his person or a person of another. A threat that person of reasonable firmness in his situation would have been unable to resist.
3. c A willed muscular contraction.
4. d If a human purposefully killed or knew to a substantially certainty that his action would kill a human being, then there is malice aforethought.
5. e Provocation that might render an ordinary person of average temperament liable to act irrationally. And thus without due deliberation.

5 Multiple Choice Questions

1. A person acts recklessly if a person consciously takes a substantial and unjustifiable risk of causing the particular harm that occurred.
   1. What does Negligently mean?
   2. What does Consciously mean?
   3. What does Recklessly mean?
   4. What does Knowingly mean?
2. Pre-meditate (grey area great for the exam): to think about beforehand (some courts feel that a split second is enough for first degree murder - therefore they don't have manslaughter. Other courts feel that it must be longer than a split second, at least long enough to deliberate)
   1. What is meant by Willfull?
   2. What is meant by Deliberate?
   3. What is meant by Pre-meditated?
   4. What is meant by criminal negligence?
3. An unintended homicide that occurs during the commission of an unlawful act, not amounting to a felony, constitutes common law involuntary manslaughter. (If it was intended there would be malice aforethought.)
   1. What is the definition of Common law term intention?
   2. What is meant by Depraved heart: Abandoned and malignant heart?
   3. What is the Misdemeanor Manslaughter Rule (aka Unlawful Act Version of Manslaughter)?
   4. What are the elements of Common Law Manslaughter?
4. Four states of mind that we call human endangering states of mind. If any one is shown to exist, then there is malice. (intent, grievous bodily injury, depraved heart, felony murder rule)
   1. What is meant by Deliberate?
   2. How is Malice defined?
   3. How is Common Law Murder defined?
   4. How is Intent defined?
5. If it was the actor's conscious objective to cause that result
   1. What does Recklessly mean?
   2. What does Knowingly mean?
   3. What does Negligently mean?
   4. What does Purposefully mean?

5 True/False Questions

1. What constitutes MPC Negligent Homicide? → All other kinds of murder are second degree murder. Know all of the common law murders, take out the first degree murders and what you have left is second degree murder.

   True        False

2. How is human being defined in the common law? → A person who has been born and is alive. A person was considered dead when there was a permanent cessation of breathing and heart beat. Today, almost every state has enlarged the definition for death to deal with life support machinery. Now they use brain death: a brain in its entirety has ceased to perform.

   True        False

3. What are the elements of Heat of Passion? → D showed that he killed because of adequate provocation
   Occurred during the heat of passion
   Occurred before the actor had a reasonable opportunity to cool off.

   True        False

4. What is the Felony Murder Rule? → There isn't a felony murder rule. But if there was a killing during a commission of a MPC felony, and the action was reckless - could get them for murder that way.

   True        False

5. What constitutes Second Degree Murder? → A person is guilty of murder under the MPC if the person kills another individual purposefully or knowingly or recklessly in a manner manifesting extreme indifference to the value of human life.

   True        False