Criminal Law

CriminalLaw

Person Property

Crimes Against the PersonPerson

Criminal Homicide

Murder

First Degree (P) Second Degree

Manslaughter

Voluntary Involuntary

Other

Assault (P) Battery

Rape (P) Mayhem

FalseImprisonment/Kidnapping

(P)

*(P) reminds you to consider Preliminary Crimes: Solicitation, Attempt, andConspiracy. Discussed Later in course.

PersonPerson

CriminalHomicide

Murder

First Degree(P)

SecondDegree

Manslaughter

Voluntary Involuntary

*(P) reminds you to consider Preliminary Crimes: Solicitation, Attempt, andConspiracy. Discussed Later in course.

Murder

Murder

Homicide Malice Degrees

Murder

Homicide

VicariousLiability

FelonyMurder

AccompliceLiability

Direct ActIntervening

Act/ProximateCause

Omission toAct

Murder

Malice

Intent to Kill

Deadly weapondoctrine

Intent to CommitSerious Bodily

InjuryDepraved Heart Felony Murder

Inherently dangerousfelony

During theperpetration

Attempt/Commission/Flight

Vicarious LiabilityLimitations

Murder

Degrees

1st Degree

Felony MurderPremeditated &

Deliberated intentto kill

Second Degree

Intent to kill wherepremeditation and

deliberation islacking

Intent to commitserious bodily

injuryDepraved Heart

Defenses

Malice?

Yes

Justification (noliability) Excuse (no liability)

Mitigation(reduction of

Murder to VoluntaryManslaughter)

No

InvoluntaryManslaughter

Defenses

Justification(No Liability)

Prevention of acrime and

apprehensionof fleeing felon.

Defense of Selfor Others

ReasonableMistake

Defenses

Excuse (NoLiability)

Youth MentalIllness

M’NaghtenRule

SubstantialCapacity(MPC)

Irresistibleimpulse Durham

Intoxication

Voluntary Involuntary

DefensesMitigation

Reduction of MurderTo Voluntary

Manslaughter

Good Faith Mistake Provocation: Anger

Reasonableness(objective and

subjective)Cooling off (objective

and subjective

Coercion/Necessity

Involuntary Manslaughter

InvoluntaryManslaughter(no malice)

Intent to causeslight injury

Reckless orgrossly negligent

conduct

Participation in a“non-dangerous

felony" crime