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
Common Law: Two Types of M
...
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
Common 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
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