Talking Murder

What is first degree murder?
Murder with the element of premeditation.

State v. Guthrie (1995, West Virginia)

Facts
Guthrie had some serious psychological issues, especially about his nose. He would stare in the mirror dozens of times a day fixated on his nose. He was also a manic depressive and experienced panic attacks.

One day at work some of Guthrie’s coworkers were fooling around together. Guthrie was not participating. One of the men snapped a towel and hit him in the nose. Guthrie pulled out a knife and stabbed the guy to death. Damn.

Guthrie was convicted of murder in the first degree. He appealed that there was a lack of premeditation.

Question
Was premeditation present?

Holding
No

Reasoning
There must be some separation of time between the formation of intent and the act.

And the winner is…
Guthrie

What is the punishment distinction between 1st and 2nd?
Usually first degree murder is death eligible (if the state has the death penalty). Second degree murder is not death eligible.

What is second degree murder?
In general, intentional but not premeditated. Spur of the moment, impulse murder. However, there are two other ways to enter into second degree murder:

Depraved Heart Murder
Death results from an individual's reckless indifference to human life.

Intent to Inflict Bodily Harm
Second degree murder is in play if you intend to hurt someone but accidentally kill them.

Commonwealth v. Malone (1946, Pennsylvania)

Facts
Two minors decide to play Russian Roulette. One boy is 17, the other is 13. The older boy chambered the round. The younger boy shot himself in the head and died.

The 17 year-old was convicted of 2nd degree murder.

Question
Is this 2nd degree murder?

Holding
Yes

Reasoning
The defendant acted with a depraved heart, and showed a reckless indifference for human life. “When an individual commits an act of gross recklessness, for which he must reasonably anticipate that death to another is likely to result.”

And the winner is…
Pennsylvania

Let’s talk about drunks, man…
Say we’re both doing 100 in a 35, and we both kill a pedestrian. I’m drunk, you’re sober. We are both charged with 2nd degree murder, based on our reckless indifference for human life. You have no defense. I argue that I was too drunk to understand the consequences of my actions. There is no reckless indifference because I didn’t understand the risks.

In general, if you aren’t aware of a risk you are negligent but not reckless. But the MPC makes a special exception for individuals who are intoxicated. If you are voluntarily drunk, you can’t use that as an excuse. You can still be nailed for recklessness offenses.

summarized from Life of a Law Student