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![State v. Guthrie (W. Va. 1995)
“Murder by poison, lying
“[A]ny interval of time in
What verdict?
wait, imprisonment,
between the forming of the
starving, kill and the
intent toor by any willful,
A = First-degree murder
deliberate and
execution of that intent,
B = Second-degree murder
premeditated killing, duration
which is of sufficient or in
C = Manslaughter
the commission of, or
for the accused to be fully
attempt to commit [specific
conscious of what he
felonies] is sufficient the
intended,is murder in to
first degree. All other
support a conviction for first
murder is murder
degree murder” in the
second degree”](https://image.slidesharecdn.com/class-140226232610-phpapp02/85/Class-17-posted-3-320.jpg)
![Discussion
Schrader definition of “deliberate and premeditated”
Deliberate and premeditated = “[W]hat is really
meant by the language ‘willful, deliberate and
premeditated’… is that the killing be intentional
[purposeful]”
Morrin definition of “deliberate and premeditated”
Second degree murder = purpose or knowledge
Deliberate = “[T]o deliberate is to measure and
“Unstructured discretion”
Firstevaluate murder = willful, deliberate and problem”
degree the major facets of a choice or premeditated
Premeditated = “[T]o premeditate is to think about
beforehand”
purpose
](https://image.slidesharecdn.com/class-140226232610-phpapp02/85/Class-17-posted-4-320.jpg)
![Discussion – Ariz. Rev. Stat. Ann. § 13-751
of [i]ntending or of
The trier of fact shall impose a sentence Mitigating circumstances fact finds one
Aggravating circumstances
A person commits first degree murder if:death if the trierknowing that
or more aggravating circumstances andThe defendant’s capacity there are no
the person’s has been or cause death,thenperson causes the death of
the determines that to appreciate
The defendant conduct willwas
the wrongfulness
mitigating circumstances sufficiently premeditationcallhis conduct or to
another person, with substantial to of for leniency
previously convicted of a serious
conform his conduct to the
requirements of law was significantly
impaired, but not so impaired as to
constitute a defense;
offense;
The defendant knowingly created a
grave risk of death to another
person in addition to the person
murdered;
The defendant committed the
offense in an especially heinous,
cruel or depraved manner;
The offense was committed in a
cold, calculated manner without
pretense of moral or legal
justification
The defendant was under unusual and
substantial duress, although not such as
to constitute a defense;
Any factors proffered by the defendant
that are relevant to determining whether
to impose a sentence less than death,
including any aspect of the defendant’s
character, propensities or record and any
of the circumstances of the offense](https://image.slidesharecdn.com/class-140226232610-phpapp02/85/Class-17-posted-9-320.jpg)
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- 1. Homicide Homicide Schemes Intentional Killings:Willful, Deliberate and Premeditated Murder
- 2. Three homicide schemes Pennsylvania CommonLaw First Degree Murder Malice Murder Intent (purpose) to kill + specified manner of killing Intent (purpose) to kill + willful, deliberate, premeditated Felony murder with enumerated felony Intent (purpose or knowledge) to kill Model Penal Code Express Murder § 210.2(1)(a) Intent (purpose or knowledge) to inflict GBH Implied Depraved heart Second Degree Murder Felony murder Manslaughter Manslaughter Voluntary (heat of passion) Voluntary (heat of passion) Involuntary (negligence) Involuntary (negligence) Murder § 210.2(1)(b) Manslaughter § 210.3(1)(a) &(b) Recklessness Negligent Homicide § 210.4
- 3. State v. Guthrie(W. Va. 1995) “Murder by poison, lying “[A]ny interval of time in What verdict? wait, imprisonment, between the forming of the starving, kill and the intent toor by any willful, A = First-degree murder deliberate and execution of that intent, B = Second-degree murder premeditated killing, duration which is of sufficient or in C = Manslaughter the commission of, or for the accused to be fully attempt to commit [specific conscious of what he felonies] is sufficient the intended,is murder in to first degree. All other support a conviction for first murder is murder degree murder” in the second degree”
- 4. Discussion Schrader definition of“deliberate and premeditated” Deliberate and premeditated = “[W]hat is really meant by the language ‘willful, deliberate and premeditated’… is that the killing be intentional [purposeful]” Morrin definition of “deliberate and premeditated” Second degree murder = purpose or knowledge Deliberate = “[T]o deliberate is to measure and “Unstructured discretion” Firstevaluate murder = willful, deliberate and problem” degree the major facets of a choice or premeditated Premeditated = “[T]o premeditate is to think about beforehand” purpose
- 5. Discussion Which definition ─Shrader or Morrin ─ is better? A = Schrader B = Morrin
- 6. Midgett v. State(Ark. 1987) What verdict under Morrin? A = First-degree murder B = Second-degree murder C = Voluntary manslaughter D = Not guilty What verdict under Schrader?
- 7. Forrest v. State(N.C. 1987) What verdict under Morrin? A = First-degree murder B = Second-degree murder C = Voluntary manslaughter D = Not guilty What verdict under Schrader?
- 8. Summary Shrader Morrin Intent (purpose) tokill + “unstructured discretion” Intent (purpose) to kill + deliberation + time to think Which definition – Shrader orMidgett – is better? Morrin Midgett Forrest Forrest A = Schrader B = Morrin First degree murder Second degree murder Second degree murder First degree murder
- 9. Discussion – Ariz.Rev. Stat. Ann. § 13-751 of [i]ntending or of The trier of fact shall impose a sentence Mitigating circumstances fact finds one Aggravating circumstances A person commits first degree murder if:death if the trierknowing that or more aggravating circumstances andThe defendant’s capacity there are no the person’s has been or cause death,thenperson causes the death of the determines that to appreciate The defendant conduct willwas the wrongfulness mitigating circumstances sufficiently premeditationcallhis conduct or to another person, with substantial to of for leniency previously convicted of a serious conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense; offense; The defendant knowingly created a grave risk of death to another person in addition to the person murdered; The defendant committed the offense in an especially heinous, cruel or depraved manner; The offense was committed in a cold, calculated manner without pretense of moral or legal justification The defendant was under unusual and substantial duress, although not such as to constitute a defense; Any factors proffered by the defendant that are relevant to determining whether to impose a sentence less than death, including any aspect of the defendant’s character, propensities or record and any of the circumstances of the offense