10 23 2013 CCJS230 10 23 13 first degree murder premeditated death penalty or life in prison second degree murder 25 years no death penalty or life in prison Pennsylvania 1794 limiting the death penalty without eliminating it more heinous acts tend to be first degree murder felony murder murder committed during a felony if two men hold a 711 fire at police police returns fire and one of the men dies the other one who lives is charged with felony murder Willful deliberate premeditated mens rea Last person killed by death penalty in state of Maryland look up case Race for governor look up law and order guys Depraved heart murders very similar to manslaughter extremely reckless conduct Involuntary manslaughter Deadly weapon doctrine one who intentionally uses a deadly weapon on a human being and thereby kills him presumably intends to kill him Individuals are presumed to intend the natural and probable consequences of their actions Murder v manslaughter Blackstone Manslaughter arises normally from a sudden heat or passion originally a common law felony originally not legislated degrees of manslaughter created voluntary involuntary Voluntary manslaughter letting your anger get the best of you in the worst possible way where you end up killing somebody Recognizes human frailty Adequate provocation so called trigger point that sets off the killing of another human being 3 primary elements o has to be a provocation the law recognizes as such o defendant himself has to be provoked no transferred provocation o provocation has to provoke a reasonable person under the same circumstances to act from passion rather than reason 4 recognized adequate provocations in most states mutual combat staggering blows not just a fight assault and battery assault without body contact less than mutual trespass home or business that is invaded and threatened with combat more than a fight death similar to self defense adultery misdemeanor in state of Maryland 10 fine catching them in the act or a reasonable person would assume he she is committing adultery some states use justifiable homicide in this scenario caveat used to have PARAMORE RULE only available to husbands who caught their wives not other way around Involuntary manslaughter most are cars and incidents with guns An unintentional killing by a voluntary act or omission Aka criminal negligence manslaughter A defendants acts create a high which is a substantial and unjustifiable of death or serious physical injury Failure to furnish medical care to a person that you have duty or legal obligation to Delivery of dangerous drugs Failure to provide adequate exits at a place Blasting operations failure to clear area mis calculated etc Can not have cooling off period would a reasonable person under the same circumstances cooled off Case by case basis driven by the facts of the case Murder comes from the wickedness of the heart 10 23 2013 10 23 2013