Criminal Law & Procedure

An unlawful killing of another human being committed with malice aforethought. Malice exists with any of four mental states: intent to kill, intent to inflict serious bodily harm, depraved-heart (reckless indifference to human life), or felony murder.

(1) Intent to kill, (2) intent to inflict serious bodily harm, (3) depraved-heart (reckless indifference to an unjustifiably high risk to human life), and (4) intent to commit a felony (felony murder).

A killing that is premeditated and deliberate, OR committed by specified means (e.g., poison, lying in wait, torture), OR a felony murder of an enumerated felony.

Premeditation means the defendant actually reflected on the idea of killing (even if only briefly); deliberation means the killing was done in a cool and dispassionate manner.

An intentional killing committed in the heat of passion upon adequate provocation. Requires: provocation that would cause a reasonable person to lose self-control, actual loss of control by the defendant, no cooling-off period, and the defendant did not in fact cool off.

Provocation a reasonable person would find sufficient to lose self-control. Classic examples: being subjected to serious battery or threat of deadly force, or finding a spouse in adultery. Mere words are generally NOT adequate provocation.