• Murder is homicide with malice aforethought.

• In general, first-degree murder is murder that is willful, premeditated, and deliberated. It is a “cold-blooded”

killing, one that is arguably more “evil” than a spontaneous killing.

• Any murder that is not “willful, premeditated, and deliberate”

is considered second-degree murder.

• The death penalty may apply if aggravating factors, which add to the seriousness or enormity of the case, outweigh mitigating factors (factors that serve to extenuate or reduce the degree of moral culpability), if there even are any.

• Manslaughter is an unlawful homicide committed without the malice aforethought required for murder.

• At the risk of simplification, a voluntary manslaughter is the same as a “heat of passion” killing.

• An involuntary manslaughter is either a reckless or

“criminally negligent” killing. There are typically two types of involuntary manslaughter: (1) criminal negligence manslaughter and (2) criminal act manslaughter.

• The Model Penal Code references three types of criminal homicide: murder, manslaughter, and negligent homicide.

Questions:-

1. When is a murder convict eligible for the death penalty, and how is the decision reached?
2. What is the difference between first-degree and second degree murder?
3. What elements are necessary for a voluntary manslaughter conviction?