2 murder upheld Intent to do serious bodily harm (extreme recklessness) proxy for intent to do fatal injury (intent to kill)—lowest standard of implied malice Here, fists treated as weapons’ ‘deadly People v. Watson (CA 1981) Drunk driver who got into one accident and then killed someone, convicted of 2 murder. CA amended their statute to permit 2 murder charge when circumstances show an implied malice. Court upheld 2 murder Evidence confirmed implied malice (disregard for risk of his actions had) C. 1. First Degree Different than 2, 1 must reveal some evidence of planning, reflection, deliberation State must prove a heightened mental state—not only formed intent to kill, but engaged in premeditation and deliberation Planning and Deliberation (P&D): bringing weapon, method of killing (actual act goes to deliberation), planning, time lapse, motive, hostility before the act P&D can be formed within seconds—only need some appreciable time. (This can collapse the difference between 1 and 2 - and the MPC distinguish between the two). For 1° murder, must show: premeditation plus deliberation plus express malice resulting in deaths Some jurisdictions have proxies that take the place of premeditation and deliberation—poison, explosives, torture, or lying in wait United States v. Watson (DC 1985) sited by police for stolen car, runs into apt., waits in kitchen; followed by PO shortly, fight between PO and ; gets gun, shoots cop. Court upholds 1 murder conviction, finding there was sufficient premeditation decided to kill, had time before cop arrived, when reached for gun, and when cop pled for his life—not done in moment of passion Some appreciable time must elapse (to form intent to kill) Had a motive (escape) Austin v. United States (DC 1967) Development of v. “hot-blooded” “cold-blooded” Healy (Mercy Killing) old woman killing dying husband Court dropped to manslaughter for sympathy reasons, even though it is classic 1
2 murder upheld Intent to do serious bodily harm (extreme recklessness) proxy for intent to do fatal injury (intent to kill)—lowest standard of implied malice Here, fists treated as ‘deadly weapons’ People v. Watson (CA 1981) Drunk driver who got into one accident and then killed someone, convicted of 2 murder. CA amended their statute to permit 2 murder charge when circumstances show an implied malice. Court upheld 2 murder Evidence confirmed implied malice (disregard for risk of his actions had) C. 1. First Degree Different than 2, 1 must reveal some evidence of planning, reflection, deliberation State must prove a heightened mental state—not only formed intent to kill, but engaged in premeditation and deliberation Planning and Deliberation (P&D): bringing weapon, method of killing (actual act goes to deliberation), planning, time lapse, motive, hostility before the act P&D can be formed within seconds—only need some appreciable time. (This can collapse the difference between 1 and 2 - and the MPC distinguish between the two). For 1° murder, must show: premeditation plus deliberation plus express malice resulting in deaths Some jurisdictions have proxies that take the place of premeditation and deliberation—poison, explosives, torture, or lying in wait United States v. Watson (DC 1985) sited by police for stolen car, runs into apt., waits in kitchen; followed by PO shortly, fight between PO and ; gets gun, shoots cop. Court upholds 1 murder conviction, finding there was sufficient premeditation decided to kill, had time before cop arrived, when reached for gun, and when cop pled for his life—not done in moment of passion Some appreciable time must elapse (to form intent to kill) Had a motive (escape) Austin v. United States (DC 1967) Development of “hot-blooded” v. “cold-blooded” Healy (Mercy Killing) old woman killing dying husband Court dropped to manslaughter for sympathy reasons, even though it is classic 1
Taylor_Thompson_Crim_Outline._APD_Spring_2011.docx