MD MPJI-Cr 4:17-2. Homicide — First Degree Premeditated MURDER, SECOND DEGREE SPECIFIC INTENT MURDER AND VOLUNTARY MANSLAUGHTER

MPJI‑Cr 4:17.2. Homicide — First Degree Premeditated MURDER, SECOND DEGREE SPECIFIC INTENT MURDER AND VOLUNTARY MANSLAUGHTER

(PERFECT/IMPERFECT SELF‑DEFENSE AND PERFECT/IMPERFECT DEFENSE OF HABITATION)

The defendant is charged with the crime of murder. This charge includes first degree murder, second degree murder, and voluntary manslaughter.

A.  FIRST DEGREE MURDER

First degree murder is the intentional killing of another person with willfulness, deliberation, and premeditation. In order to convict the defendant of first degree murder, the State must prove:

(1) that the defendant caused the death of (name);
(2) that the killing was willful, deliberate, and premeditated;
(3) that the killing was not justified; and
(4) that there were no mitigating circumstances.

Willful means that the defendant actually intended to kill (name).

Deliberate means that the defendant was conscious of the intent to kill.

Premeditated means that the defendant thought about the killing and that there was enough time before the killing, though it may only have been brief, for the defendant to consider the decision whether or not to kill and enough time to weigh the reasons for and against the choice. The premeditated intent to kill must be formed before the killing.

B.  SECOND DEGREE MURDER

Second degree murder is the killing of another person with either the intent to kill or the intent to inflict such serious bodily harm that death would be the likely result. Second degree murder does not require premeditation or deliberation. In order to convict the defendant of second degree murder, the State must prove:

(1) that the defendant caused the death of (name);
(2) that the defendant engaged in the deadly conduct either with the intent to kill or with the intent to inflict such serious bodily harm that death would be the likely result;
(3) that the killing was not justified; and
(4) that there were no mitigating circumstances.

C.  VOLUNTARY MANSLAUGHTER  (PERFECT/IMPERFECT SELF-DEFENSE)

Voluntary manslaughter is an intentional killing, which is not murder because the defendant acted in partial self-defense. Partial self-defense does not result in a verdict of not guilty, but rather reduces the level of guilt from murder to manslaughter.

You have heard evidence that the defendant killed (name) in self-defense. You must decide whether this is a complete defense, a partial defense, or no defense in this case.

In order to convict the defendant of murder, the State must prove that the defendant did not act in either complete self-defense or partial self-defense. If the defendant did act in complete self-defense, your verdict must be not guilty. If the defendant did not act in complete self-defense, but did act in partial self-defense, your verdict must be guilty of voluntary manslaughter and not guilty of murder.

Self-defense is a complete defense, and you are required to find the defendant not guilty, if all of the following four factors are present:

(1) the defendant was not the aggressor [[or, although the defendant was the initial aggressor, [he] [she] did not raise the fight to the deadly force level]];
(2) the defendant actually believed that [he] [she] was in immediate and imminent danger of death or serious bodily harm;
(3) the defendant’s belief was reasonable; and
(4) the defendant used no more force than was reasonably necessary to defend [himself] [herself] in light of the threatened or actual force. [[This limit on the defendant’s use of deadly force requires the defendant to make a reasonable effort to retreat. The defendant does not have to retreat if [the defendant was in his or her home] [retreat was unsafe] [the avenue of retreat was unknown to the defendant] [the defendant was being robbed] [the defendant was lawfully arresting the victim]].

In order to convict the defendant of murder, the State must prove that self-defense does not apply in this case. This means that you are required to find the defendant not guilty, unless the State has persuaded you, beyond a reasonable doubt, that at least one of the four factors of complete self-defense was absent.

Even if you find that the defendant did not act in complete self-defense, the defendant may still have acted in partial self-defense. [If the defendant actually believed that [he] [she] was in immediate and imminent danger of death or serious bodily harm, even though a reasonable person would not have so believed, the defendant’s actual, though unreasonable, belief is a partial self-defense and the verdict should be guilty of voluntary manslaughter rather than murder.] [If the defendant used greater force than a reasonable person would have used, but the defendant actually believed that the force used was necessary, the defendant’s actual, though unreasonable, belief is a partial self-defense and the verdict should be guilty of voluntary manslaughter rather than murder.

In order to convict the defendant of murder, the State must prove that the defendant did not act in complete self-defense or partial self-defense. If the defendant did act in complete self-defense, the verdict must be not guilty. If the defendant did not act in complete self-defense, but did act in partial self-defense, the verdict must be guilty of voluntary manslaughter and not guilty of murder.

D . VOLUNTARY MANSLAUGHTER (PERFECT/IMPERFECT DEFENSE OF HABITATION)

Voluntary manslaughter is an intentional killing that is not murder because the defendant acted in partial defense of [his] [her] home.
You have heard evidence that the defendant killed (name) in defense of [his] [her] home. You must decide whether this is a complete defense, a partial defense, or no defense in this case.

In order to convict the defendant of murder, the State must prove that the defendant did not act in either complete defense of [his] [her] home or partial defense of [his] [her] home. If the defendant acted in complete defense of [his] [her] home, your verdict must be not guilty. If the defendant did not act in complete defense of [his] [her] home, but did act in partial defense of [his] [her] home, the verdict should be guilty of voluntary manslaughter and not guilty of murder.

Defense of one’s home is a complete defense, and you are required to find the defendant not guilty, if all of the following five factors are present:

(1) (name) entered [or attempted to enter] the defendant’s home;
(2) the defendant actually believed that (name) intended to commit a crime that would involve an imminent threat of death or serious bodily harm;
(3) the defendant reasonably believed that (name) intended to commit such a crime;
(4) the defendant believed that the force that [he] [she] used against (name) was necessary to prevent imminent death or serious bodily harm; and
(5) the defendant reasonably believed that such force was necessary.

If you find that the defendant actually believed that (name) posed an imminent threat of death or serious bodily harm, and that such belief was reasonable, you must find the defendant not guilty. If you find that the defendant actually believed that (name) posed an imminent threat of death or serious bodily harm, but that such belief was unreasonable, you should find the defendant not guilty of murder, but guilty of manslaughter. If you find that the State has persuaded you, beyond a reasonable doubt, that the defendant did not have an actual belief that (name) posed an imminent threat of death or serious bodily harm, you should find the defendant guilty of murder.