Law School Discussion

Crim Multiple Choice

Crim Multiple Choice
« on: December 12, 2005, 05:57:22 AM »
Which of the following is/are omitted in the MPC's homicide provisions:

1)Misdemeanor manslaughter
2)Reckless homicide
3)Strict liability homicide
4)1 and 2 above
5)1 and 3 above

Why I am confused about this: does felony murder count as SL homicide?  If so, has the MPC actually omitted the felony murder rule?  I was under the impression it only strictly limited the felony murder rule by having the felony create only a presumption of murderous recklessness as opposed to a certainty.  Any clarification would be much appreciated!

Re: Crim Multiple Choice
« Reply #1 on: December 12, 2005, 07:59:15 AM »
There is no strict liability homicide under the MPC. There is a permissive inference of recklessness with diregard for the value of human life created when a killing is caused by the actor in the course of and in furtherance of a felony. But that just sets the mode of mens rea to a level which opens the door to murder.

Reckless homicide= manslaughter