Homicide - Intended killings

Learning Outcomes

After reading this article, you will be able to identify and distinguish intended homicide offenses, especially murder, under MBE law. You will understand the elements of intent, malice aforethought, and the main defenses to intended killings. You will be able to apply these principles to MBE-style questions and avoid common exam pitfalls.

MBE Syllabus

For MBE, you are required to understand the law governing intended killings. This includes the elements of murder, the meaning of intent and malice aforethought, and the main defenses. You should be able to:

• Define murder and distinguish it from other homicide offenses.
• Recognize the required mental state for intended killings.
• Apply the concept of malice aforethought.
• Identify and evaluate defenses to intended homicide.
• Analyze fact patterns for intent, premeditation, and mitigation.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is required for a conviction of murder as an intended killing?
   1. Intent to kill or cause grievous bodily harm.
   2. Actual premeditation and deliberation in every case.
   3. Negligent conduct causing death.
   4. Killing during the commission of a misdemeanor.
2. Which mental state satisfies the "malice aforethought" requirement for murder?
   1. Intent to kill only.
   2. Intent to kill, intent to cause serious bodily harm, or reckless indifference to human life.
   3. Accidental killing.
   4. Heat of passion.
3. A defendant kills another after careful planning. Which is the most serious offense available under common law?
   1. Involuntary manslaughter.
   2. Voluntary manslaughter.
   3. First-degree murder.
   4. Second-degree murder.
4. Which of the following is a complete defense to a charge of intended murder?
   1. Voluntary intoxication in a general intent crime.
   2. Reasonable use of deadly force in self-defense.
   3. Provocation causing loss of self-control.
   4. Mistake of law.

Introduction

Intended killings are the most serious form of homicide tested on the MBE. The primary offense is murder, which requires a specific mental state and is distinguished from manslaughter and other killings. Understanding the elements of intent, malice aforethought, and the available defenses is essential for MBE success.

Key Term: Murder The unlawful killing of another human being with malice aforethought.

Elements of Murder

To prove murder as an intended killing, the prosecution must establish:

1. Unlawful killing – The defendant caused the death of another person.
2. Human being – The victim was alive at the time of the act.
3. Malice aforethought – The defendant acted with a qualifying mental state.

Key Term: Malice Aforethought The mental state required for murder, satisfied by intent to kill, intent to cause serious bodily harm, or reckless disregard for human life.

Types of Malice for Intended Killings

Malice aforethought can be shown by:

• Intent to kill – The defendant consciously desired to cause death.
• Intent to inflict serious bodily harm – The defendant intended to cause grievous injury likely to result in death.
• Depraved heart – The defendant acted with extreme recklessness, showing indifference to human life.

Key Term: Intent to Kill The conscious objective to cause the death of another person.

Premeditation and Deliberation

Some jurisdictions, especially under statutes, distinguish degrees of murder:

• First-degree murder – Killing with premeditation and deliberation.
• Second-degree murder – All other killings with malice aforethought but without premeditation.

Key Term: Premeditation The process of thinking about and planning a killing before carrying it out.

Defenses to Intended Killings

Several defenses may reduce or eliminate liability for intended murder:

• Self-defense – Use of deadly force is justified if the defendant reasonably believed it was necessary to prevent imminent death or serious injury.
• Defense of others – Same standard as self-defense, applied to protect another.
• Insanity – If the defendant lacked capacity to understand the wrongfulness of the act.
• Voluntary intoxication – May negate specific intent if the jurisdiction allows.
• Provocation ("heat of passion") – May reduce murder to voluntary manslaughter if the defendant acted in response to adequate provocation.

Key Term: Voluntary Manslaughter An intentional killing committed in the heat of passion as a result of adequate provocation, reducing murder liability.

Worked Example 1.1

A, after careful planning, poisons B with the intent to kill. B dies. What offense has A committed?

Answer: A is guilty of first-degree murder if the jurisdiction recognizes degrees, because the killing was intentional, premeditated, and deliberate. If degrees are not recognized, A is guilty of murder with malice aforethought.

Worked Example 1.2

C discovers a spouse's affair and, in a sudden rage, immediately kills the spouse. What is the likely result?

Answer: If the jury finds adequate provocation and no cooling-off period, C may be convicted of voluntary manslaughter rather than murder, as the killing occurred in the heat of passion.

Exam Warning

On the MBE, do not confuse voluntary manslaughter (intentional killing with provocation) with involuntary manslaughter (unintentional killing due to recklessness or criminal negligence).

Revision Tip

Always check for evidence of provocation or self-defense in intended killing questions. These may reduce or eliminate murder liability.

Key Point Checklist

This article has covered the following key knowledge points:

• Murder is the unlawful killing of another with malice aforethought.
• Malice aforethought includes intent to kill, intent to cause serious bodily harm, or reckless indifference.
• Premeditation and deliberation upgrade murder to first-degree in some jurisdictions.
• Defenses include self-defense, defense of others, insanity, and sometimes voluntary intoxication.
• Adequate provocation may reduce murder to voluntary manslaughter.

Key Terms and Concepts

• Murder
• Malice Aforethought
• Intent to Kill
• Premeditation
• Voluntary Manslaughter