Law Outlines Criminal Law Outlines
Criminal Law with Professor Rachel Barkow at NYU School of Law.
This is a synthesis of all topics in a fall 2019 class, Criminal Law at NYU School of Law. My notes consist of the important elements of each doctrine, the unsettled areas, and policy justifications....
The following is a more accessible plain text extract of the PDF sample above, taken from our Criminal Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Intentional Killings: The MPC Framework
Intentional killing
CL: murder mitigated through adequate prov to vol manslaughter
MPC: murder mitigated through EMED to vol manslaughter
MPC
Murder 210.2(1)(a) - committed purposely or knowingly
UNLESS mitigate to voluntary manslaughter 210.3(1)(b)
EED
reasonable explanation or excuse of EED (see below)
MITIGATION TO VOL MANSLAUGHTER - EMED
210. 3(b) Intentional killing is manslaughter if
(1) committed under influence of extreme emotional or mental disturbance (EMED) - subjective
(2) there was a reasonable explanation or excuse for the EMED, reasonableness determined from the viewpoint of a person in a defendant's situation under the circumstances as defendant believed them to be - objective-subjective
** does not require provocation or cooling off time
Ex. Casassa
There was EED (shown by erratic behavior)
No reasonable excuse because given the short, casual relationship, the defendant's excuse of psychological abandonment issues are so peculiar to him that it is not an understandable human response
PROBLEM: What is reasonable person and what traits of the defendant does the...
Buy the full version of these notes or essay plans and more in our Criminal Law Outlines.
Criminal Law with Professor Rachel Barkow at NYU School of Law.
This is a synthesis of all topics in a fall 2019 class, Criminal Law at NYU School of Law. My notes consist of the important elements of each doctrine, the unsettled areas, and policy justifications....
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