#17096 - Intentional Killings Mpc - Criminal Law

Intentional Killings: The MPC Framework

Intentional killing

• CL: murder mitigated through adequate prov to vol manslaughter

• MPC: murder mitigated through EMED to vol manslaughter

MPC

• Murder 210.2(1)(a) - committed purposely or knowingly

• UNLESS mitigate to voluntary manslaughter 210.3(1)(b)

  1. EED

  2. reasonable explanation or excuse of EED (see below)

MITIGATION TO VOL MANSLAUGHTER - EMED

• 210. 3(b) Intentional killing is manslaughter if

(1) committed under influence of extreme emotional or mental disturbance (EMED) - subjective

(2) there was a reasonable explanation or excuse for the EMED, reasonableness determined from the viewpoint of a person in a defendant's situation under the circumstances as defendant believed them to be - objective-subjective

• ** does not require provocation or cooling off time

• Ex. Casassa

  • There was EED (shown by erratic behavior)

  • No reasonable excuse because given the short, casual relationship, the defendant's excuse of psychological abandonment issues are so peculiar to him that it is not an understandable human response

• PROBLEM: What is reasonable person and what traits of the defendant does the reasonable person incorporate?

Same as above, courts debate based on utilitarian and retributive arguments (See discussion of reasonableness in Maher)

Summary