without Intentional: Knowing or Deliberate intention Second Degree Killing Express Malice: Murder provocation that is Purposeful to kill (Intentional Killing) and (Express Impulsive Impulsive Malice) Second Degree Killing without Extreme Implied Malice: Extreme disregard Murder provocation based on Recklessness/Extreme for human life + Extreme (Implied recklessness Indifference to Recklessness (Unintentional Malice) Life. Reckless Killing) If in a jurisdiction intent to cause serious bodily injury is enough, major shortcut don’t need to prove other mens rea beyond intent to cause bodily injury. Can also involve if Vehicular Murder the vehicular behavior exceeds but negligence, still proving the same elements. Degree Killing Intentional: Knowing or 1. Premeditation (Evidence of Murder Purposeful Planning) (Premeditated) 2. Deliberation (Weighing the options, turning it over in your mind) Killing that occurs Mens rea for the Short cut for Prosecution: no need to First Degree Felony plus a causal link. prove mens rea or intent towards Murder during the course or felony. (Felony immediate flight from a Murder) felony.
Second Degree Murder (Express Malice) Killing without provocation that is Impulsive Intentional: Knowing or Purposeful Express Malice: Deliberate intention to kill (Intentional Killing) and Impulsive Second Degree Murder (Implied Malice) Killing without provocation based on recklessness Extreme Recklessness/Extreme Indifference to Life. If in a jurisdiction intent to cause serious bodily injury is enough, major shortcut don’t need to prove other mens rea beyond intent to cause bodily injury. Can also involve Vehicular Murder if the vehicular behavior exceeds negligence, but still proving the same elements. Implied Malice: Extreme disregard for human life + Extreme Recklessness (Unintentional Reckless Killing) Degree Murder (Premeditated) Killing Intentional: Knowing or Purposeful 1. Premeditation (Evidence of Planning) 2. Deliberation (Weighing the options, turning it over in your mind) First Degree Murder (Felony Murder) Killing that occurs during the course or immediate flight from a felony. Mens rea for the Felony plus a causal link. Short cut for Prosecution: no need to prove mens rea or intent towards felony.