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CAMPBELL’S CRIMINAL LAW

CAMPBELL’S CRIMINAL LAW. CLASS #3. Merger Doctrines First-Degree Murder Voluntary Manslaughter. More student reviews of TRIAL & ERROR: Part One.

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CAMPBELL’S CRIMINAL LAW

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  1. CAMPBELL’S CRIMINAL LAW CLASS #3 Merger Doctrines First-Degree Murder Voluntary Manslaughter

  2. More student reviews of TRIAL & ERROR: Part One “TRIAL & ERROR has shown me that rapport with clients and people in general makes an outstanding lawyer…. It also highlights mistakes made by the budding defense attorney and what was learned from them…. I too struggle with public speaking and eloquence. Reading of the author’s struggle inspired me….The cases exemplify what is essential to becoming a successful trial lawyer.”

  3. 5 BASIC CRIM-LAWMERGER DOCTRINES # 1: COMMON-LAW MERGER. # 2: L.I.O. SENTENCING MERGER. # 3: FELONY-MUR. SENTENCING MERGER.

  4. #4: FELONY-MURDER MERGER Where D intended to kill or inflict SBI on the victim… < the intention merges with the malice for murder < negating the presumption of malice. < CAVEAT: The D can still be found validly guilty of murder via other types of malice, just not via felony-murder's conclusively presumed malice.

  5. #5: "CONSPIRACY MERGER" a.k.a. "Wharton's Rule” Where the target offense of the conspiracy < requires 2 persons < and their target offense is completed… < the crime of conspiracy merges < into their target offense. So Ds cannot be convicted of BOTH conspiracy < AND their target offense; < ONLY the target offense.

  6. PROGRESSION OF ANGLO-AMERICAN HOMICIDE • All felonious homicide = murder. • Manslaughter distinguished from murder. • Murder-2 distinguished from murder-1. • Involy msltr distinguished from voly msltr.

  7. DRUM’S POINTS • Murder degrees are purely statutory. • Drum reveals a typical pattern for degrees of murder. • "Fully formed" intent = TRADITIONAL view for 1st-degree murder’s intent-to-kill.

  8. PEREZ: TIME-CONTINUUMfor P.A.D. ------------------------/-------------------------- Weighing & reflecting vs Fully-formed intent TREND TRAD’L

  9. PEREZ POINTS • Weighing & reflecting = TREND test for PAD. • There are three categories of PAD evidence: (a) planning (b) motive (c) manner • Appellate test for whether a conviction is valid: “Can any rational trier of fact be persuaded BRD?”

  10. BIRTH OF MANSLAUGHTER • Homicide trials resulted in polar extremes: • (1) Malice?... Murder … Defendant dies. • (2) No Malice?... N/G… Defendant walks. • MSLTR BECAME A CATCH-ALL (Neither “murder” nor “innocent”)

  11. 3 MANSLAUGHTER FRAMES < 1) MAJ: "Voluntary" versus "involuntary." < 2) MIN: Various "degrees" of manslaughter. (where 1st degree = voluntary) < 3) STATUTORY TREND: "Manslaughter" = only rule-of-provocation homicide.

  12. GUEBARA: CORRECTING 3 FLAWS • (2) “Such emotional state of mind must be of such a degree as caused the defendant to act on impulse without reflection.” • (4) “The test of the adequacy of the provocation…” • (6) “An assault or battery resulting in an unreasonable belief…”

  13. GUEBARA: RULE OF PROVOCATION’S BASIC ELEMENTS • C = HOMICIDE CAUSED BY • A = ADEQUATE PROVOCATION • S = MAKING SUFFICIENT PASSION • C = BEFORE COOLS OFF

  14. GUEBARA: RULE OF PROVOCATION’S TESTS • S - C = HOMICIDE CAUSED BY • O - A = ADEQUATE PROVOCATION • S - S = MAKING SUFFICIENT PASSION • O - C = BEFORE COOLS OFF

  15. GUEBARA’S POINTS • Rule of provocation mitigates murder to voluntary manslaughter. • Rule of provocation has 4 elements and 4 tests (shown earlier.) • Despite D's passion causing the death, the provocation must be adequate. • Informational words can constitute adequate provocation.

  16. POST-GUEBARA: 2 FORMULAS FOR MURDER • (1) Murder = Homicide with malice. • (2) Murder = Homicide without “J.E.M.” (meaning Justification, Excuse, or Mitigation)

  17. THAT’S ENOUGH FOR TODAY, RIGHT? Thanks for your attention.

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