Common Law Murder
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether Defendant committed common law murder.
Analysis
R: Common-law murder is the unlawful killing of another living human being with malice aforethought. Malice aforethought includes (1) intent to kill, (2) intent to inflict serious bodily injury, (3) reckless indifference to an unjustifiably high risk to human life (depraved heart), or (4) intent to commit certain felonies (felony murder).
1. Intent to Kill
R: Intent-to-kill murder occurs when a defendant, acting with the intent to kill, engages in conduct that is the legal cause of another’s death. The intent to kill may be inferred when a deadly weapon is used deliberately in the commission of the act.
A: Here, [apply rule to facts].
C: Therefore, Defendant [had/did not have] the intent to kill.
2. Intent to Inflict Serious Bodily Injury
R: Murder can occur when a defendant intends to cause serious bodily injury but unintentionally causes death. Intent to inflict serious bodily harm can be inferred from (1) the use of a deadly weapon to inflict the bodily injury.
A: Here, [apply rule to facts].
C: Therefore, Defendant [had/did not have] the intent to inflict serious bodily injury.
3. Depraved Heart
R: A depraved-heart murder occurs when a killing results from the defendant’s reckless indifference to a substantial and unjustifiable risk to human life. Under the majority rule (and the Model Penal Code), liability requires that the defendant subjectively realized the risk or failed to appreciate the risk due to voluntary intoxication. (Under the minority objective standard, the test is whether a reasonable person would have recognized the risk.)
A: Here, [apply rule to facts].
C: Therefore, Defendant [had/did not have] the a depraved heart.
4. Felony Murder
R: Felony murder applies when an unintended killing occurs during the commission or attempted commission of an inherently dangerous felony. The felonies traditionally considered inherently dangerous are Burglary, Arson, Rape, Robbery, and Kidnapping (BARRK).
A: Here, [apply rule to facts].
C: Therefore, Defendant [committed/did not commit] felony murder.
Conclusion
C: Therefore, since one of the disjunctive elements [is/is not] satisfied, the facts [support/do not support] a finding that Defendant committed common law murder.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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