Intentional killings

Risk-creation

Other crimes

Murder 1N

Premeditation & Deliberation
Reflection on intent to kill
NTTS/reasonable time/PMM

X

X

Enumerated felonies or inherently dangerous felonies

Murder 2N

MALICE: Intent to kill
Can be inferred from use of deadly weapon on vital body organ

MALICE: Intent to do grievous bodily harm

MALICE: extreme indifference to human life

(utility of conduct vs. magnitude of risk)

MALICE: intent to commit a felony

Voluntary
manslaughter

Provocation/heat of passion
Legally sufficient provocation
Reasonable person test

X

X

Involuntary manslaughter

X

X

Gross negligence
large departure from ordinary care or (in some jurisdictions) ordinary negligence with dangerous instrumentality

Misdemeanor manslaughter
Unlawful act doctrine

To download in Word Perfect format, click here