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Delaware Criminal Law Code: Crimes against the Person. Murder. Killing with Malice: an intent to kill or cause serious harm Degrees of Murder identify killer’s state of mind or circumstances during crime. 1 st Degree and Felony Murder.
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Murder • Killing with Malice: an intent to kill or cause serious harm • Degrees of Murder identify killer’s state of mind or circumstances during crime
1st Degree and Felony Murder • 1st Degree: Premeditated, deliberate, done with malice • Felony Murder: Someone is killed during the commission of a felony • Both punishable by death in DE
2nd Degree • Killing with malice, but no deliberation or premeditation
Manslaughter • Voluntary: killing after the victim caused killer to lose self-control • Usually catching a spouse cheating • Involuntary: no intent; caused by reckless behavior • Playing with a loaded gun
Negligent Homicide • Failure to exercise a reasonable amount of care that leads to death • Vehicular Homicide