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(Abandonment)
Once D has crossed the line
from preparation to
attempt, the crime of
attempt has been
completed and
abandonment is no
An act in
defense.
furtherance of
that intent that
TIMING OF THE
goes beyond
ABANDONMENT:
Intent to do an act mere
Even when abandonment is
or cause a result preparation.
CL -- available as a defense to
which constitutes
attempt, there are
a crime.
situations in which
“Beyond mere
voluntary cessation comes
preparation” =
too late to allow the
“Substantial
defense. (Abandonment
Step” Test
constitutes a defense to the
crime of attempt, but only it
if occurs before the crime is
completed or the harm is
done.)
Murder
• Intentional Intent to kill
• Unintentional intent to cause
SBI; depraved heart; felony murder Everything inside
• 1st, 2nd, 3rd degree is criminal
Manslaughter
• Voluntary
• Involuntary
Non-Criminal
• Accidental
• Justifiable
o Necessity (MPC only)
o Self-defense
o Defense of others
o Defense of home
• Excusable
o Insanity
o Duress (MPC)
MURDER: Committed…
• Purposely or knowingly; or
• Recklessly under circumstances
manifesting extreme indifference
to the value of human life.
• (Recklessness/indifference is
presumed if committing robbery,
rape or deviate sexual intercourse
by force or threat of force, arson,
burglary, kidnapping or felonious
escape.
• ALL murder is 1st degree felony.
MANSLAUGHTER: Committed…
• Recklessly; or
• Under the influence of extreme mental
or emotional disturbance for which
there is a reasonable explanation or
excuse. (Subjective)
• 2nd degree felony
NEGLIGENT
HOMICIDE
3rd degree felony