Criminal Law Essay

CRIMINAL LAW ESSAY ONE

LEGAL WRITING AND TEST TAKING

Can Cal be charged with First Degree Murder or Second Degree Murder?

Homicide is the unlawful killing of another. Murder is defined as the killing of a human being with malice aforethought. Malice aforethought is proven in one of the following ways: Intent to kill; intent to cause serious bodily injury; reckless disregard for human life; and death caused during the commission of an inherently dangerous felony, also known as the Felony Murder Rule.

First Degree Murder is defined as a murder committed with premeditation and deliberation. There are 3 elements to first degree murder. They are as follows: Intent, Deliberation and Premeditation, and Malice Aforethought. Intent refers to the intention to end a human life. Deliberation and Premeditation refers to the formation of the conscious intent to kill another and then to act upon the intent even after enough time has passed to which a reasonable person would have to second guess the action. Malice aforethought is when a person acts with evil intent or an indifference to human life.

Second Degree Murder is defined as murders which are not committed with premeditation and deliberation. There are two main elements to second degree murder. They are as follows: Intent and Mental State at time of killing. Intent remains the same as in first degree murder. Mental state at the time of the killing or Mens Rea, for second degree murder contains three basic elements, which are as follows: a killing done impulsively (or in the heat of the moment) without premeditation, yet still with malice aforethought; a killing which is a result of an act done to cause seriously bodily injury in which death is a possible result; and a killing which is done as a result of a depraved indifference to human life which is an utter disregard for the potential damage to human life that the actions could cause.

There are several defenses to first degree murder and...