Gross Negligence vs. Extreme Recklessness: Not a Bright Line Gross Negligence: Generally, the standard for Involuntary Manslaughter Extreme Recklessness: The standard for Second Degree Murder CONSCIOUS disregard of substantial risk + extreme indifference to human life. Distinguishing Factors: Actor’s awareness of the risk involved The act itself: is it inherently dangerous? Does the act have any social utility? Hypos: 1: child in car but leave AC on, spends time in store and baby has died and AC has cut off when she returns. Either Second Degree or Involuntary Manslaughter 2: Same situation except parent turns car off, doesn’t crack window, and baby dies. Second Degree Murder with Implied Malice. Awareness of Risk: intended to be there for only 5 minutes, had AC on (knew it was super hot). IV. First Degree Premeditated Murder Intent to Kill + Premeditation AND Deliberation Rules: Distinguished from second degree murder in two ways: Evidence indicative of planning or preparation (premeditation), and Some jurisdictions say seconds are enough (Watson) Deliberation (thinking the act, actor turns over the act in her mind and makes the deliberate decision to kill). Some jurisdictions use cold blood (1st degree) v. hot blood (2nd degree) distinction (Austin) Second Degree Murder: intentional, but impulsive/unplanned; First Degree: planning, formed purpose, decision and design to kill. Act: Killing Mens Rea: Not only intent to kill (purpose or knowing), but also both premeditation and deliberation. State MUST prove Both Premeditation and Deliberation Separately Some states identify specific behavior that can serve as a proxy for premeditation and deliberation: in wait Torture Explosives Poison In these jurisdictions, state must prove malice (deliberate intention to kill), but the enumerated behaviors, once proven, serve as a proxy for mens rea. Evidence to Establish: Premeditation: Express statements Motive or reason that will allow the killer to benefit from the death. Manner of killing: poisoning or bomb take time to assemble and make threat or evidence of hostility made to others
Gross Negligence vs. Extreme Recklessness: Not a Bright Line Gross Negligence: Generally, the standard for Involuntary Manslaughter Extreme Recklessness: The standard for Second Degree Murder CONSCIOUS disregard of substantial risk + extreme indifference to human life. Distinguishing Factors: Actor’s awareness of the risk involved The act itself: is it inherently dangerous? Does the act have any social utility? Hypos: 1: child in car but leave AC on, spends time in store and baby has died and AC has cut off when she returns. Either Second Degree or Involuntary Manslaughter 2: Same situation except parent turns car off, doesn’t crack window, and baby dies. Second Degree Murder with Implied Malice. Awareness of Risk: intended to be there for only 5 minutes, had AC on (knew it was super hot). IV. First Degree Premeditated Murder Intent to Kill + Premeditation AND Deliberation Rules: Distinguished from second degree murder in two ways: Evidence indicative of planning or preparation (premeditation), and Some jurisdictions say seconds are enough (Watson) Deliberation (thinking the act, actor turns over the act in her mind and makes the deliberate decision to kill). Some jurisdictions use cold blood (1st degree) v. hot blood (2nd degree) distinction (Austin) Second Degree Murder: intentional, but impulsive/unplanned; First Degree: planning, formed purpose, decision and design to kill. Act: Killing Mens Rea: Not only intent to kill (purpose or knowing), but also both premeditation and deliberation. State MUST prove Both Premeditation and Deliberation Separately Some states identify specific behavior that can serve as a proxy for premeditation and deliberation: in wait Torture Explosives Poison In these jurisdictions, state must prove malice (deliberate intention to kill), but the enumerated behaviors, once proven, serve as a proxy for mens rea. Evidence to Establish: Premeditation: Express statements Motive or reason that will allow the killer to benefit from the death. Manner of killing: poisoning or bomb take time to assemble and make threat or evidence of hostility made to others
Crim_TaylorThompson_2015.docx