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Second Degree Murder
posted on in Criminal Law by BarProse

Second Degree Murder

Rule

Second Degree Murder is the statutory version of common law murder. However. the element of Felony Murder is not discussed because it is included in First Degree Murder.

February 2008 #3 Model A All murder that is not murder in the first degree is murder in the second degree.
February 2007 #3 Model A Second degree murder or common law murder is the intentional killing of a person with malice aforethought. Malicious intent will be implied by: (1) the intent to kill a person, (2) the intent to inflict a substantial bodily harm on someone, (3) an awareness of an unjustifiably high risk to human life, and (4) the intent to commit a felony.
February 2007 #3 Model B Second degree, at common law, murder is the killing of a human being with malice afterthought. The mens rea of malice is satisfied when the accused intended to kill, intended to cause great bodily injury, showed a reckless disregard for an unjustifiably high risk of death, or killed during the commission of a rape, burglary, robbery, kidnapping, or arson.

Next: Intent to Kill

Homicide Approach

Second Degree Murder
Intent to Kill
Intent to Commit Great Bodily Injury
Reckless Disregard
Common Law Murder
Intent to Kill
Intent to Commit Great Bodily Injury
Reckless Disregard
Felony Murder
Voluntary Manslaughter
Provocation – Objective and Subjective
Time to Cool – Objective and Subjective
Involuntary Manslaughter
Misdemeanor Manslaughter

Please note: The model answers often contain errors of law, spelling and grammar. We provide them as starting points to craft your own responses.

Model answer materials The State Bar of California, used with permission. All other materials BarProse LLC