Ciminal Essay

Sheila Impey

Criminal Essay

ISSUE: Can Jack reasonably be charged with murder, and if so, what degree of murder?

RULE: Any killing that is not justifiable or excusable is criminal homicide, either murder or manslaughter. [Clark & Marshall, 469-477] Murder is the unlawful killing of another human being with malice aforethought. Malice aforethought means that the defendant had one of the following types of mental states: 1) Intent to kill; 2) Intent to inflict great bodily harm; 3) Intent to commit a felony; 4) Awareness of a high risk of death. If the defendant killed with one of these mental states than he is guilty of murder.

The “Deadly Weapon Doctrine” recognizes that one who intentionally uses a deadly weapon on a human being, and thereby kills him, is “presumed” to have intended the killing. Although this is not a mandatory presumption, it is permissive which means the trier of fact may, but need not, infer from such use of deadly weapon the perpetrator did in fact have the intent to kill. [Bantum v. State, 85 A.2d 741 (Del. 1952]

If the defendant intended to inflict serious bodily injury upon the victim, even though he did not consciously desire to cause the victim’s death, and did in fact cause the victim’s death, the killing is with malice aforethought and thus murder. [People v. Geiger, 159 N.W.2d 383 (Mich. 1968]

Statutes often divide murder into first and second degree. If the killing was determined to have been premediated or occurred within the commission of a specific felony sufficient enough to invoke the felony murder rule, if will often be classified as murder in the first degree. All killings that meet the general definition of murder that are not raised to first degree murder by meeting these two requirements will be second degree murder. With regard to this case, first degree murder may be an option if it is determined that there was premeditation. Premeditated killings are those in which the intent to kill is formed...