GOULD’S SUBSTANTIVE LAW “LIVE” CLASS for CRIMINAL LAW TOPIC: Murder COPYRIGHT 2012 GOULD’S LEGAL EDUCATION, ALL RIGHTS RESERVED.

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Presentation transcript:

GOULD’S SUBSTANTIVE LAW “LIVE” CLASS for CRIMINAL LAW TOPIC: Murder COPYRIGHT 2012 GOULD’S LEGAL EDUCATION, ALL RIGHTS RESERVED.

© 2012 GOULD’S, ALL RIGHTS RESERVED. MURDER. Without GOULD’S Template, Student Recall of the Material is … A Cognitive Mess! HEAT of PASSION FELONY MURDER ACTUAL CAUSE DEGREES SELF- DEFENSE

© 2012 GOULD’S, ALL RIGHTS RESERVED. MURDER HOMICIDE ACTUAL CAUSE PROXIMATE CAUSE MALICEDEGREESDEFENSESVOL. MAN. INVOL. MAN.

© 2012 GOULD’S, ALL RIGHTS RESERVED. HOMICIDEACTUAL CAUSE PROXIMATE CAUSE MALICE DEGREES OF MURDER DEFENSES VOLUNTARY MANSLAUGHTER INVOLUNTARY MANSLAUGHTER MURDER TEMPLATE

© 2012 GOULD’S, ALL RIGHTS RESERVED.

INTENT to KILL INTENT. DEADLY WEAPON. FELONY MURDER INDEPENDENT FELONY. DURING THE PERPETRATION. BODILY HARM SEVERE BEATING. LIKELY TO LEAD TO DEATH. DEPRAVED HEART RECKLESS INDIFFERENCE. POSSIBLE TO CAUSE DEATH.

© 2012 GOULD’S, ALL RIGHTS RESERVED.

Year and a Day. Heart or Brain Dead. HOMICIDE “But For” Test. “Substantial Factor” Test. ACTUAL CAUSE Foreseeability. Intervening Events. PROXIMATE CAUSE Intent (Deadly Weapon), Felony (Independent, During Perpetration). Serious Bodily, Depraved Heart. MALICE Intent, Premeditation and Deliberation. Felony, Inherently Dangerous. DEGREES Full Justifications, Excuses. Responsibility Defenses. DEFENSES Heat of Passion. Imperfect Self-Defense. VOLUNTARY Grossly Negligent. Causation. Malum in se, Malum prohibitum. INVOLUNTARY

© 2012 GOULD’S, ALL RIGHTS RESERVED. YEAR AND A DAY RULE SCIENTIFICALLY DEAD HOMICIDE BUT FOR TEST SUBSTANTIAL FACTOR ACTUAL CAUSE FORESEEABLE INTERVENING EVENTS, SUPERSEDE PROXIMATE CAUSE INTENT, FELONY SERIOUS BODILY, DEPRAVED HEART MALICE FIRST DEGREE INTENT OR FELONY SECOND DEGREE FOR ALL MALICE DEGREES FULL JUSTIFICATIONS, EXCUSES RESPONSIBILITY DEFENSES HEAT OF PASSION IMPERFECT SELF-DEFENSE VOL MAN, MITIGATE GROSS NEGLIGENCE MALUM IN SE, MALUM PROHIBITUM INVOL MAN

© 2012 GOULD’S, ALL RIGHTS RESERVED. ON YOUR ESSAY, THE BASIC TEMPLATE for MURDER LOOKS LIKE: MURDER. HOMICIDE. ACTUAL CAUSE. “But For” Test. PROXIMATE CAUSE. Forseeability, and Intervening Events. MALICE. 1. INTENT TO KILL. 2. FELONY MURDER. 3. INTENT TO CAUSE GRIEVOUS BODILY HARM. 4. DEPRAVED HEART / RECKLESS INDIFFERENCE. DEGREES OF MURDER. FIRST DEGREE. SECOND DEGREE. DEFENSES. Full Justifications and Responsibility Defenses. VOLUNTARY MANSLAUGHTER. INVOLUNTARY MANSLAUGHTER.

© 2012 GOULD’S, ALL RIGHTS RESERVED. CONTACT INFORMATION e.Mail Office Telephone Website