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...