Here the fact that the man traveled to several adjoining states to buy the

Here the fact that the man traveled to several

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first-degree murder. Here, the fact that the man traveled to several adjoining states to buy the instrumentalities used to kidnap and kill his partner, and the fact that three weeks elapsed before he took action, indicate that the man's decision to kill his partner was deliberate and premeditated. As such, the man can be convicted of intent-to-kill murder committed with premeditation and deliberation. Discussion of incorrect answers : Incorrect. Voluntary manslaughter. Voluntary manslaughter, often called a heat-of-passion killing, is an intentional killing mitigated by adequate provocation or other circumstances negating malice aforethought. The period of time between the heat-of- passion and the fatal act must be short enough that a reasonable person would not have cooled off. Here, three weeks elapsed between the man's learning of his partner's embezzling and the actual homicide--ample time for a reasonable person to calm down and reconsider his intentions. Furthermore, the classic examples of adequate provocation are where a person is the victim of a serious battery or threat of a deadly force, or finds his or her spouse engaged in sexual conduct with another--not financial wrongdoings such as embezzlement. Here, the fact that the scenario involved embezzlement rather than sexual infidelity or threat of bodily harm, together with the three-week gap between the provocation and the actual killing, takes this scenario out of the realm of a heat-of-passion killing. Thus, this answer is incorrect. Incorrect. Depraved-heart murder. Depraved-heart murder is an unintentional killing resulting from conduct involving a wanton indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury, absent any defense negating the defendant's awareness of the risk. Depraved-heart murder involves extremely negligent conduct (or recklessness) that is of a higher degree than gross or criminal negligence. In this instance, the man's actions exhibit a deliberateness and premeditation far beyond the type of extreme negligence or recklessness that characterize depraved-heart murder. Thus, this answer is incorrect. Incorrect. Felony murder. Felony murder is a killing proximately caused during the commission or attempted commission of a serious or inherently dangerous felony ("BARRK"--burglary, arson, robbery, rape, and kidnapping). It includes both intentional and accidental killings. This case involved kidnapping, but the man's killing of his partner was not an unintentional act occurring in the course of the kidnapping, but rather a means to the man's end of killing his partner. As such, the man's act is more appropriately categorized as premeditated murder than felony murder. In addition, the question asks for the most serious crime of which the man may be convicted, and in many jurisdictions, premeditated intent-to-kill murder, unlike felony murder, subjects a guilty party to the death penalty. As such, premeditated murder is the most serious crime of which the man may be convicted. Thus, this answer is incorrect. Answer Sheet: 1 A B C D 2 A B C D 3 A B C D 4 A B C D 5 A B C D
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  • Spring '10
  • criminal law, Manslaughter

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