Article 210 — Criminal Homicide

MPC § 210.2: Murder

Quick Answer

What does Murder (Model Penal Code) provide?

Section 210.2 defines murder under the MPC. Criminal homicide constitutes murder when it is committed purposely or knowingly, or when it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor is engaged in or is an accomplice in the commission of, attempt to commit, or flight from robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping, or felonious escape. Murder is a felony of the first degree.

Source: Model Penal Code § 210.2

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Summary

The "extreme indifference" murder provision (sometimes called depraved-heart murder) replaces common law's implied malice/depraved-heart murder. It requires recklessness — conscious disregard of a substantial and unjustifiable risk — elevated by circumstances manifesting extreme indifference to human life. This is a question of degree: ordinary recklessness is manslaughter, while recklessness plus extreme indifference is murder. Examples include firing a gun into a crowded room, playing Russian roulette, or driving at extreme speeds through a crowded area.

The felony murder provision in Section 210.2(1)(b) is significantly narrower than common law felony murder. Rather than creating a strict liability rule, it establishes a rebuttable presumption of extreme recklessness and indifference when the killing occurs during certain enumerated dangerous felonies. This means the defendant can rebut the presumption by showing they did not act with extreme indifference, transforming what was a strict liability doctrine at common law into a presumption within the established culpability framework. The MPC does not recognize the common law's merger doctrine or the independent felony limitation because its approach already requires proof of extreme recklessness.

Key Provisions

5 essential provisions of § 210.2

Murder: purposely or knowingly causing death, or recklessly causing death under circumstances manifesting extreme indifference to the value of human life

Extreme indifference reckless murder is the MPC equivalent of depraved-heart murder

Felony murder is a rebuttable presumption of extreme recklessness, not strict liability

Enumerated felonies for presumption: robbery, rape/deviate sexual intercourse by force, arson, burglary, kidnapping, felonious escape

Murder is a felony of the first degree

MPC vs. Common Law

How the MPC approach to murder differs from common law

The MPC's treatment of murder differs from common law in several important ways. First, the MPC eliminates the premeditation-deliberation formula for first-degree murder, replacing it with the simpler purpose/knowledge standard. Under common law, a purposeful killing in the heat of the moment might be second-degree murder because it lacked premeditation; under the MPC, it is murder without further grading. Second, the MPC's approach to felony murder is dramatically narrower than common law. Common law felony murder imposed strict liability for any death during the commission of any felony (or, in some jurisdictions, any inherently dangerous felony). The MPC replaces this with a rebuttable presumption of the required mental state during specifically enumerated dangerous felonies. Third, the MPC eliminates the first/second-degree murder distinction — all murder is graded the same (though sentencing may vary, particularly regarding capital punishment eligibility under Section 210.6). Fourth, extreme indifference murder under the MPC requires actual conscious disregard of risk, whereas common law depraved-heart murder was sometimes applied more loosely.

Exam Relevance

How § 210.2 appears on criminal law exams

Murder is the centerpiece of criminal law exams. Key issues: (1) Distinguishing purpose/knowledge murder from extreme indifference murder — the former requires intent to kill or practical certainty of death, while the latter requires recklessness elevated by extreme indifference; (2) Felony murder — the MPC's rebuttable presumption approach vs. the common law's strict liability rule is a perennial comparative question; (3) Grading — under the MPC there is no first/second-degree distinction, which simplifies analysis but must be contrasted with common law; (4) The line between extreme indifference murder and manslaughter — both involve recklessness, so the question is whether the indifference to human life is sufficiently extreme; (5) Extreme emotional disturbance as a mitigating factor reducing murder to manslaughter (Section 210.3). Students should systematically analyze: Was the killing purposeful/knowing? If not, was it reckless with extreme indifference? If not, was it reckless (manslaughter)? If not, was it negligent (negligent homicide)?