CAMPBELL’S CRIMINAL LAW. CLASS #3. Merger Doctrines First-Degree Murder Voluntary Manslaughter. More student reviews of TRIAL & ERROR: Part One.
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# 1: COMMON-LAW MERGER.
# 2: L.I.O. SENTENCING MERGER.
# 3: FELONY-MUR. SENTENCING MERGER.
Where D intended to kill or inflict SBI on the victim…
< the intention merges with the malice for murder
< negating the presumption of malice.
< CAVEAT: The D can still be found validly guilty of murder via other types of malice, just not via felony-murder's conclusively presumed malice.
Where the target offense of the conspiracy
< requires 2 persons
< and their target offense is completed…
< the crime of conspiracy merges
< into their target offense.
So Ds cannot be convicted of BOTH conspiracy
< AND their target offense;
< ONLY the target offense.
Weighing & reflecting vs Fully-formed intent
(a) planning (b) motive (c) manner
(Neither “murder” nor “innocent”)
< 1) MAJ: "Voluntary" versus "involuntary."
< 2) MIN: Various "degrees" of manslaughter. (where 1st degree = voluntary)
< 3) STATUTORY TREND: "Manslaughter" = only rule-of-provocation homicide.
and 4 tests (shown earlier.)
(meaning Justification, Excuse, or Mitigation)
Thanks for your attention.