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Can Issa Be Convicted Of Second-Degree Murder Summary

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I. Issue
Can Issa be convicted of an intentional homicide under MCP §100 where she inflicted a non-fatal wound on her boyfriend who was then killed in a fatal accident on the way to the hospital?
II. Rule
Murder is the unlawful killing of a human being with malice aforethought. Murder can be elevated to first-degree murder if the prosecution can prove premeditation and deliberation. Murder can be mitigated to voluntary manslaughter if defense can prove provocation.
III. Analysis
A. Can Issa be convicted of second-degree murder?
Second-degree murder encompasses all homicides apart from those elevated to murder in the first-degree or mitigated to manslaughter. A defendant is guilty of a second-degree murder if there is the defendant’s voluntary actus reus, the causation of an unlawful death, and a concurrent mens rea of malice aforethought.
a. Actus Reus
The actus reus requirement of murder must be committed by a voluntary, physical, and unlawful act. The unlawful act in a murder case is a killing not done in self-defense. Issa voluntarily took a loaded gun which was normally stowed away in the glove compartment of her car and placed it in her purse before entering the apartment. She then, during an argument, voluntarily took the gun out of her purse, physically pointed the barrel at Lawrence’s torso, and voluntarily discharged the weapon. …show more content…

A subjective standard is used to determine premeditation and deliberation. MPC § 210.6. Premeditation of a murder exists when the defendant intends to kill and decides to commit the crime. Deliberation of a murder exists if the defendant took time to reflect on the choice and plan for how to execute the crime. Premeditation and deliberation require the defendant spend time reflecting and planning; however, a court will likely find any amount of time for reflection is

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