a 1 st degree D acted with the purpose to kill and with b 2 nd degree D acted

A 1 st degree d acted with the purpose to kill and

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a. 1 st degree: D acted with the purpose to kill and with . . . b. 2 nd degree: D acted with the purpose to kill but without BOTH . . . 8. Why did Carrol argue that his conviction for 1 st degree murder was improper? 9. Was Carrol really attacking the P element, or the D element? 10. How does the MPC establish the murders that should result in a death penalty?
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Intentional Manslaughter 1. What definition of CL voluntary manslaughter? 2. Why is the term “voluntary” really a synonym for “intentional”? 3. How does a sudden heat of passion (SHOP) “block” proof of murder at CL? 4.What are the “elements” of SHOP? a..b..c..d.. 5. If the provocation does not qualify as “adequate provocation”, will D be entitled to a SHOP instruction? 6. What are examples of CL “adequate” provocations? 7. What was never considered an adequate provocation at CL? 8. What standard is used to assess the adequacy of a given provocation? 9. What is the test for determining whether D had an adequate opportunity to “cool” before killing? 10. What is meant by the ‘causal connection’ requirement? a. Is SHOP available only if D kills the individual who created the provocation, or can this defense to malice transfer to a different victim? 11. How does the MPC modify the S.H.O.P. defense?
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1. What is the definition of involuntary manslaughter? 2. What distinguishes an unintentional MURDER from unintentional MANSLAUGHTER? 3. What is the difference between criminal/culpable negligence and simple/civil negligence? 4. How does the MPC and most states today distinguish between killing caused by recklessness v. killings caused by gross negligence? 5. In a CL jurisdiction, how is malice “implied” in relation to unintentional killings? a. What must the proof ‘add’ to recklessness in order to support a conviction of implied malice (normally 2 nd Degree)Murder for an unintentional klling? 6. What evidence demonstrated a ‘wanton disregard for the value of human life’ in the Knoller case? 7. According to Knoller, what error did the appellate court make in concluding that the evidence was sufficient to prove the “subjective” component of implied malice? 8.So, based on Knoller, implied malice requires a jury finding that:
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  • Spring '10
  • Test, criminal law

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