D Involuntary manslaughter Explanation The correct answer is First degree

D involuntary manslaughter explanation the correct

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D Involuntary manslaughter. Explanation The correct answer is: First-degree murder. Discussion of correct answer :First-degree murder includes intent-to-kill murder committed with premeditation and deliberation, felony murder, and in some jurisdictions, murder accomplished by lying in wait, poison, terrorism or torture. If a murderer does any reflection or premeditation, even if the reflection is cursory and brief, he may be guilty of first-degree murder. An intentional killing may be mitigated to voluntary manslaughter (also known as a heat-of-passion killing) if the killing was mitigated by adequate provocation or other circumstances negating malice aforethought. The time period between the heat of passion and the fatal act must be short enough that a reasonable person would not have had time to "cool off." Here, although the defendant was provoked by the victim's harmful acts to the defendant's sister, there was a significant "cooling off" period between the time the defendant learned of the victim's actions and the time he killed the victim. Moreover, the facts indicate that the murder was premeditated, as the defendant planned to take the victim out for drinks on the pretense of discussing business then drive him home and shoot him. Therefore, it is unlikely that the defendant's act will be mitigated to voluntary manslaughter, and the defendant will most likely be found guilty of first-degree murder. Discussion of incorrect answers : Incorrect. Second-degree murder. Second-degree murder is any murder that does not meet the requisite elements of first-degree murder. Examples of second-degree murder include killings in which the defendant intends only to inflict serious bodily injury, the defendant acted with wanton and willful misconduct, or felony murder in which the underlying felony is not one of the "inherently dangerous" felonies specifically listed in an applicable first-degree murder statute. Here, based on the defendant's conduct, there is little question that the defendant's killing of the victim was purposeful and not merely an attempt to cause serious bodily injury. Therefore, the defendant is guilty of first-degree, not second-degree, murder. Incorrect. Voluntary manslaughter. An intentional killing may be mitigated to voluntary manslaughter if the killing was mitigated by adequate provocation or other circumstances negating malice aforethought. Voluntary manslaughter is commonly known as a heat-of-passion killing, and requires that the time period between the heat of passion and the fatal act must be short enough that a reasonable person would not have had time to "cool off." Here, although the defendant was provoked by the victim's harmful acts to the defendant's sister, there was a significant "cooling off" period between the time the defendant learned
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of the victim's actions and the time he killed the victim. Moreover, the facts indicate that the murder was premeditated, as the defendant planned to take the victim out for drinks on the pretense of discussing business then drive him home and shoot him.
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  • Spring '10
  • SUSANW.CRUMP
  • criminal law, Manslaughter

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