Mastering the Bar Exam: Criminal Law - Defenses to Criminal Liability (Episode Five)

1. Murder: First Degree, Second Degree, Felony Murder Rule.

Murder is considered one of the most heinous crimes and is heavily penalized. It involves the unlawful killing of another human being and is categorized based on the defendant’s intent and the circumstances surrounding the killing.

First-Degree Murder.

Definition and Elements: First-degree murder is characterized by premeditation and deliberation. It involves planning the murder before it is carried out and is considered the most serious form of homicide.

Premeditation and Deliberation: Premeditation means the defendant thought about the murder before it occurred, and deliberation implies the defendant considered the choice to kill and made a decision to do so. These elements distinguish first-degree murder from other forms of homicide.

Examples and Application: Common scenarios include killings involving lying in wait, poison, or other pre-planned methods.

Second-Degree Murder.

Definition and Elements: Second-degree murder is typically defined as an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion."

Malice Aforethought: This form of murder requires malice aforethought, meaning the defendant had a reckless disregard for human life. It is less severe than first-degree murder but still represents a serious form of homicide.

Examples and Application: This might include impulsive killings or situations where the intent to kill forms on the spot.

Felony Murder Rule.

Definition and Application: The felony murder rule applies when a death occurs during the commission or attempted commission of a felony. The rule allows a defendant to be charged with first-degree murder if a death – even an accidental one – occurs during certain felonies, such as robbery or arson.

Rationale and Limitations: The rationale behind the rule is to deter felons from using lethal violence during the commission of a felony. However, some jurisdictions have limitations on the application of this rule, often requiring that the death be a foreseeable result of the felony.

2. Manslaughter: Voluntary and Involuntary.

Manslaughter is a less severe form of homicide compared to murder, often categorized based on the defendant's state of mind and circumstances of the act.

Voluntary Manslaughter.

Definition and Elements: Voluntary manslaughter involves killing in the "heat of passion" in response to provocation. This provocation must be such that it would cause a reasonable person to lose self-control.

Heat of Passion: The key element here is that the defendant must not have had time to "cool off" between the provocation and the killing. It mitigates, but does not excuse, the killing.

Examples and Application: This might include killing a spouse upon immediately discovering their infidelity.

Involuntary Manslaughter.

Definition and Elements: Involuntary manslaughter occurs when a death results from a reckless act or criminal negligence. It does not involve the intent to kill or cause serious harm.

Criminal Negligence: The defendant’s actions must demonstrate a gross deviation from a reasonable standard of care, showing a disregard for human life.

Examples and Application: A common example is vehicular homicide, where reckless driving leads to someone's death.

3. Negligent Homicide.

Negligent homicide involves causing the death of another through criminal negligence. It’s a less serious form of homicide compared to murder and manslaughter.

Definition and Elements: This crime occurs when a person's negligence is so grossly negligent that it becomes criminal. This typically involves a failure to be aware of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

Distinction from Manslaughter: The key difference between negligent homicide and involuntary manslaughter often lies in the degree of negligence.

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