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Common Law: Four Types of Murder (Malice Aforethought Killings) - ✔✔1) Intent to kill; 2) Intent to cause grave bodily harm; 3) Recklessness (depraved and malignant heart); 4) Felony-murder Co ... mmon Law: Two Types of Manslaughter - ✔✔1) Heat of passion killing 2) Killings unduly dangerous to life and limb (recklessness) New York Penal Law: § 25.00; Defenses; Burden of Proof - ✔✔1) "The people have the burden of disproving [non-affirmative] defenses beyond a reasonable doubt." 2) "Defendant has the burden of establishing such [affirmative] defense by a preponderance of the evidence." Model Penal Code: §1.12; Proof Beyond a Reasonable Doubt; Affirmative Defenses; Burden of Proving Fact When Not an Element of an Offense; Presumptions (re: affirmative defenses) - ✔✔3) A ground of defense is affirmative, when a) "it arises under a section of the Code which so provides; or" b) "it relates to an offense defined by a statute other than the Code and such statute so provides; or" c) "it involves a matter of excuse or justification peculiarly within the knowledge of the defendant on which he can fairly be required to adduce supporting evidence." General Rule for EED Killings - ✔✔1) Must have acted under extreme emotional disturbance (subjective) 2) Must have been a reasonable explanation or excuse for the disturbance (objective) -Reasonableness determined from viewpoint of a person in defendant's situation under the circumstances as defendant believed them to beEED: State v. Casassa (22 Ill.49 N.Y.2d 668) (1980) - ✔✔Reasonableness determined from viewpoint of a person in defendant's situation under the circumstances as defendant believed them to be New York Penal Law §125.25, §125.27: EED mitigates ________? - ✔✔Defense to Murder, mitigates to First Degree Manslaughter Model Penal Code §210.3: EED mitigates ________? - ✔✔Defense to Murder, mitigates to Manslaughter Common Law: Heat of Passion mitigates _______? - ✔✔Defense to Murder, mitigates to Manslaughter General Rule for Heat of Passion - ✔✔a. "Adequate provocation;" b. "The killing was in the heat of passion;" c. "The heat of passion must have been sudden'" d. "Causal connection between provocation, passion, and the fatal act" Heat of Passion: for provocation to be adequate it must ______? - ✔✔"For provocation to be adequate it must calculated to inflame the passion of a reasonable man to act from passion rather than reason" Heat of Passion: Girouard v. State (321 Md. 532) (1991) - ✔✔Words unaccompanied by conduct indicating a present intention and ability to cause bodily harm-cannot constitute adequate provocation Jurisdictions: EED, Heat of Passion - ✔✔EED: New York Penal Law, Model Penal Code Heat of Passion: Common Law New York Penal Law §35.15: Defense of Self/Others with Non-Deadly Force Justified - ✔✔"1. When and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person 2. From what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person"New York Penal Law §35.15: Defense of Self/Others with Non-Deadly Force NOT Justified - ✔✔a. The target's "conduct was provoked by the actor with intent to cause physical injury to another" b. "The actor was initial aggressor" -"except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force"; c. "The physical force involved is the product of a combat by agreement not specifically authorized by law." New York Penal Law §35.15: Exception to Initial Aggressor Limitation on Use of Non-Deadly Force in Self/Others Defense - ✔✔"The use of physical force is nevertheless justifiable if the [initially aggressive] actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force" New York Penal Law §35.15: General Rule for Defense of Self/Others with Deadly Force - ✔✔1. "The actor reasonably believes that such other person is using or about to use deadly physical force" 2. "He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery; or" 3. He or she reasonably believes that such other person is committing or attempting to commit a burglary" New York Penal Law §35.15: Retreat Limitation in Defense of Self/Others with Deadly Force - ✔✔Even when confronted with a person using or about to use deadly force, "the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating (Retreat Doctrine;" New York Penal Law §35.15: Castle Doctrine in Retreat Limitation Defense of Self/Others with Deadly Force - ✔✔"The actor is under no duty to retreat if he or she is: in his or her dwelling and not the initial aggressor (Castle Exception); or "a police officer or peace officer or a person assisting a police officer or a peace officer at the latter's direction;" New York Penal Law §35.15: Defense of Self/Others with Deadly Force includes the Battered Person defense. (True/False) - ✔✔TrueNew York Penal Law §35.15: Does New York follow the Alter Ego Rule? - ✔✔No New York Penal Law §35.15: People v. Goetz (68 N.Y.2d 96) (1986) - ✔✔New York Penal Law §35.15 requires that the actor "reasonably believes." Reasonable belief requirement of use of deadly force is an objective standard based on the "circumstances" facing a defendant or their situation, including age, sex, physical attributes, and prior experiences, but excludes each individual's more anomalous characteristic, e.g., temper. Model Penal Code Rule (§§3.04(1)-3.04(2)): Self-Defense with Force Justified - ✔✔i. "The actor believes that such force is immediately necessary; ii. For the purpose of protecting himself against; iii. The use of unlawful force by such other person on the present occasion." Model Penal Code Rule (§§3.04(1)-3.04(2)): Self-Defense with Force NOT Justified - ✔✔1. If the actor does not "believe that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat" 2. "With the purpose of causing death or serious bodily harm, provoked the use of for [Show More]

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