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Research Notes

    305.13.1 Manslaughter
    305.13.2 Mayhem
    305.13.3 Mental Competence
    305.13.4 Mental Impairment To Negate Mens Rea
    305.13.5 Miscellaneous
    305.13.6 Miscellaneous Evidentiary Instructions
    305.13.7 Mistake Of Fact
    305.13.8 Model Instructions
    305.13.9 Motive
    305.13.10 Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct
    305.13.11 Multiple Counts: Special Instructions [Reserved].
    305.13.12 Multiple Defendants
    305.13.13 Multiple Verdicts
    305.13.14 Murder
    305.13.15 Murder By Torture

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See also NCJIC Research Notes 305.13.14 [Murder].

See also NCJIC Research Notes 305.6.3 [Felony Murder].

See also NCJIC Research Notes 305.16.12 [Provocation/Heat Of Passion].

Accused's Right to Have Jury Instructed as to Both Unintentional Shooting and Self-defense, 15 ALR4th 983 (1982).

Admissibility, in Homicide Prosecution, of Opinion Evidence That Death Was or Was Not Self-inflicted, 56 ALR2d 1447 (1957).

Admissibility of Evidence in Homicide Case That Victim Was Threatened by One Other than Defendant, 11 ALR5th 831 (1993).

Admissibility Of Threats To Defendant Made By Third Parties To Support Claim Of Self-Defense In Criminal Prosecution For Assault Or Homicide, 55 ALR5th 449.

Admissibility on Behalf of Accused in Homicide Case of Evidence That Killing Was Committed at Victim's Request, 71 ALR2d 617 (1960).

Criminal Liability Where Act of Killing Is Done by One Resisting Felony or Other Unlawful Act Committed by Defendant, 56 ALR3d 239 (1974).

Depression and Homicidal Violence, Malmquist, 18 Int’l J.L. & Psychiatry 145-62 Spr. 1995.

Constructive Manslaughter -- Unlawful Act, Cooper, [Great Britain], 53 J.Crim.L. 419, Nov. 1989.

Earlier Prosecution for Offense During Which Homicide Was Committed as Bar to Prosecution for Homicide, 11 ALR3d 834 (1967).

From Keeler v. Superior Court [(70) 470 P2d 617] to People v. Davis [(94) 872 P2d 591]: THe Definition of Fetal Murder in California. A.H. Hsu, 23 W. St. U. L. Rev. 219-41 Fall '95.

Homicide Based on Killing of Unborn Child, 64 ALR5th 671.

Homicide by Withholding Food, Clothing, or Shelter, 61 ALR3d 1207.

Homicide: Liability Where Death Immediately Results from Treatment or Mistreatment of Injury Inflicted by Defendant, 50 ALR5th 467.

Homicide: Cremation of Victim's Body as Violation of Accused's Rights, 70 ALR4th 1091.

Homicide: Criminal Liability for Death Resulting from Unlawfully Furnishing Intoxicating Liquor or Drugs to Another, 32 ALR3d 589.

Homicide: Failure to Provide Medical or Surgical Attention, 100 ALR2d 483.

Homicide Predicated on Improper Treatment of Disease or Injury, 45 ALR3d 114.

Homicide: Physician's Withdrawal of Life Supports from Comatose Patient, 47 ALR4th 18.

Manslaughter by Reckless Driving -- Common Law and Statutory Offense -- Same Ingredients -- Direction on Recklessness Comprehensive [Great Britain], Williams and Smith, Crim.L.Rev. 260, April 1983.

Necessity and Effect, in Homicide Prosecution, of Expert Medical Testimony as to Cause of Death, 65 ALR3d 283.

Necessity That Trial Court Charge upon Motive in Homicide Case, 71 ALR2d 1025.

Parricide and Mental Illness: A Study of 12 Cases. F. Millaud et al., Int'l J.L. & Psychiatry 173-82 Spring 1996.

Propriety of Manslaughter Conviction in Prosecution for Murder, Absent Proof of Necessary Elements of Manslaughter, 19 ALR4th 861.

Second Degree Murder Replaces Voluntary Manslaughter in Illinois: Problems Solved, Problems Created (Illinois Judicial Conference Symposium) Haddad, 19 Loyola U. of Chicago L.J. 995, Spring 1988.

Single Act Affecting Multiple Victims as Constituting Multiple Assaults or Homicides, 8 ALR4th 960.

State v. Shane: Confessions of Infidelity as Reasonable Provocation for Voluntary Manslaughter, 19 Ohio N.U.L. Rev. 977 (1993).

Validity and Construction of Statue Defining Homicide by Conduct Manifesting Depraved Indifference, 25 ALR4th 311.

Venue in Homicide Cases Where Crime Is Committed Partly in One County and Partly in Another, 73 ALR3d 907.

When "Heterosexual" Men Kill "Homosexual" Men: Reflections on Provocation Law, Sexual Advances, and the "Reasonable Man" Standard. [R.B. Mison, Discussion of Homophobia in Manslaughter: the Homosexual Advance as Insufficient Provocation. J. Dressler, 80 Cal. L. Rev. 133-78 Jan. '92] 85 J. Crim. L. & Criminology 726-63. Winter '95.

Who Other than Actor Is Liable for Manslaughter, 95 ALR2d 175.

Texts:

LaFave & Scott, Substantive Criminal Law, (West, 1986) § 7.9--7.13.

Wharton’s Criminal Law, (West, 15th ed. 1993) § 117, pp. 143-44.

Wharton’s Criminal Law, (West, 15th ed. 1993) §§ 139, 140, 141, pp. 241-56.

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Defenses, CRIM MD-CLE S-443 (Handbook Supplement) The Maryland Institute for Continuing Professional Education of Lawyers, Inc. 1999, Maryland Criminal Pattern Jury Instructions, Chapter Five.

Instructions for Specific Crimes: Crimes Against the Person, CRMJII MA-CLE 2.II-i (Main Handbook), Massachusetts Continuing Legal Education, Inc. June, 1999, Massachusetts Superior Court Criminal Practice Jury Instructions, Chapter 2, Part II Jeanmarie Carroll, Esq., Larry R. Tipton, Esq.

Instructions Regarding Special Issues: Trial Issues, CRMJIII MA-CLE 4.I-i (Main Handbook) Massachusetts Continuing Legal Education, Inc. June, 1999, Massachusetts Superior Court Criminal Practice Jury Instructions Chapter 4, Part I Pamela L. Hunt, Esq., Edward P. Ryan, Jr., Esq.

Maiming as a Criminal Offense under Military Law, 1991-May Army Law, 5 Army Lawyer, 1991 Department of the Army Pamphlet 27-50-221, Major Eugene R. Milhizer.

Mayhem: Violence as Public Entertainment, Sissela Bok (Addison-Wesley, Reading, Massachusetts, 1998).

LaFave & Scott, Substantive Criminal Law, (West, 1986) § 7.17 .

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Criminal Responsibility, 24 Mental & Physical Disability L. Rep. 60, January/February, 2000 Case Law Developments.

Incompetency Of Client, Hollander & Bergman, Everytrial Criminal Defense Resource Book, (West, 1999) pp. 58-1-4.

People v. Welch: a Missed Opportunity to Establish a Rational Rule of Competency to Waive the Assistance of Counsel, 34 U.S.F. L. Rev. 603, Spring 2000, Todd A. Pickles.

When Worlds Collide: Mentally Ill Criminal Defendents - Part II, 29-JUL Colo. Law. 101, July, 2000, Specialty Law Column, Lael Montgomery.

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Mental or Emotional Condition as Diminishing Responsibility for Crime, 22 ALR3d 1228.

Article: Protecting Society and Defendants Too: the Constitutional Dilemma of Mental Abnormality and Intoxication Defenses, 53 Fordham L. Rev. 221 (1984).

Understanding the occurrence of secondary disabilities in clients with Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effects (FAE), Ann P. Streissguth, Helen M. Barr, Julia Kogan, and Fred L. Bookstein, report to the Centers for Disease Control and Prevention, August 1996. Address: Ann Streissguth, Fetal Alcohol and Drug Unit, University of Washington School of Medicine, 180 Nickerson, Suite 309, Seattle, WA 98109-9112.

Mental Defect Defense

State v. Dumlao: Hawaii's Extreme Mental or Emotional Disturbance Defense, Tjioe, 9 U. of Hawaii L.Rev. 717, Fall 1987.

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Adequacy of Defense Counsel's Representation of Criminal Client Regarding Hypnosis and Truth Tests, 9 ALR4th 354.

A Judge's Thoughts About Criminal Instructions (Michigan) Elliott, 5 Cooley L.Rev. 23, Jan. 1988.

Ake v. Oklahoma (85) 105 SCt 1087 and Harmless Error: The Case For a Per Se Rule of Reversal. M.J. Lorenger, 81 Va. L. Rev. 521-64 March 1995.

Alias: Jury Instructions on Propriety and Effect in Criminal Case, 87 ALR2d 1217.

A Matter Of Life And Death: Revising The Harmless Error Standard For Habeas Corpus Proceedings, David M. Bowman, 72 Wash. L. Rev. 567, April, 1997.

An Exercise In Sound Descretion: Old Chief v. United States, Kathryn Cameron Walton, 76 N.C. L. Rev. 1053, March 1998.

Annual Review of Developments in Instructions, Green, Army Lawyer 34, April 1989.

Annual Review of Developments in Instructions, Green, Army Lawyer 47, April 1990.

Annual Review of Developments in Instructions, Green, Army Lawyer 10, April 1991.

Annual Review of Developments in Instructions, Green, Army Lawyer 23, April 1992.

Antagonistic Defenses as Ground for Separate Trials of Codefendants in Criminal Case, 83 ALR3d 245, supp. secs. 5, 9.5, 10, 30, and Later Case Service.

Black/Parallel Markets: When is a Money Exchanger a Money Launderer, W. Parker III. 13 Dick. J. Int'l. L. 423-39 Spring 1995.

"Camping Ordinances" and The Homeless: Constitutional And Moral Issues Raised By Ordinances Prohibiting Sleeping In Public Areas. R.C. McConkey III, 26 Cumb. L. Rev. 633-38 '95/'96.

The Case of the Confused Jury [case note: U.S. v. DeLorean (E.D. Mich. 1986) No. 85-80646, Howell, 1988 Detroit College of L.Rev. 97, Spring 1988.

Complicity, Cause and Blame: A Study in the Interpretation of Doctrine (1985) Kadish, 73 Cal.L.Rev. 323, 337.

The Confounding Boundaries of "Apprendi-land": Statutory Minimums and the Federal Sentencing Guidelines, 29 Am. J. Crim. L. 377 (2002).

Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial, Connors, Lundregan, Miller and McEwen, National Institute of Justice Research Report, U.S. Department of Justice, 1996.

Counsel's Right in Criminal Prosecution to Argue Law or to Read Law Books to the Jury, 67 ALR2d 245.

Crime Prototypes, Objective Versus Subjective Culpability, and a Common Sense Balance. N.J. Finkel, J.L. Groscup. 21 Law & Hum. Behav. 209-30, April 1997.

Criminal Responsibility, 21 Mental & Physical Disability L. Rep. 574, September/October 1997.

The Crucible of Adversarial Testing: Ineffective Assistance of Counsel and Unauthorized Concessions of Client's Guilt, 24 W. New Eng. L. Rev. 315 (2002).

Deception -- Direction to Jury [Great Britain] Knapman and Smith, Crim.L.Rev. 436, June 1989.

Deception -- Dishonesty -- Circumstances Where Ghosh Direction Necessary [Great Britain], Rees and Smith, Crim.L.Rev. 200, March 1990.

Distinguishing Speech From Conduct, 45 Mercer L. Rev. 621 (1994).

The Effect Of Sullivan v. Louisiana On Harmless Error Analysis of Jury Instructions That Omit An Element of the Offense, Benjamin E. Rosenberg 29 Rutgers L.J. 315, Winter, 1998.

Eliminating the (Absurd) Distinction Between Malum In Se and Malum Prohibitum Crimes, R.L. Gray, 73 Wash. U. L.Q. 1369-98 Fall '95.

Environmental Crimes: Recent Case Law and Practice, B.J. Hopkins, 39 A.F.L. Rev. 664-737 (May 1996).

Exclusion of Public from State Criminal Trial by Conducting Trial or Part Thereof at Other than Regular Place or Time, 70 ALR4th 632.

Factors That Influence Jury Decision Making: Disposition Instructions and Mental State At The Time of the Trial. K. E. Whittemore & J.R.P. Ogloff, 19 Law & Hum. Behav. 283-303 June 1995.

Failure To Instruct The Jury On Venue, When Requested, Constitutes Reversible Error, Notwithstanding Venue Subsumed By A Guilty Verdict [United States v. Miller, 111 F3d 747 (10th Cir. 1997)], Scott A. Liljegren 37 Washburn L.J. 439, Winter 1998.

Good Intentions [instructions to juries, Great Britain] Halpin, 137 New L.J. 696, July 24, 1987.

How to Win Cases at Trial (And Preserve Issues for Trial Just in Case . . .) By Creative Use of Jury Instructions, Stanley, CACJ Desktop Reference Manual, 155-174, 1989.

The Human Side of the Judge-Jury Relationship: An Introspection (Symposium: Making Jury Instructions Comprehensible) [panel discussion] Freedman, 8 U. of Bridgeport L. Rev. 279, 1987.

Inadequate Direction to the Jury [Great Britain] Davies, 54 J.Crim. L. 51, Feb. 1990.

Instructions and Advocacy, Warren and Jewell, 126 Mil. L.Rev. 147, Fall 1989.

Instructions [Master Advocate's Edition] Becker, 27 Air Force L.Rev. 197, 1987.

Juries as Judges of Criminal Law, Howe, Mark, DeWolfe, 52 Harv. L. Rev. 582-616.

Jury Instructions: A Bibliography Part II: Criminal Jury Instructions, Nyberg and Boast, 6 Leg. Ref. Svcs. Q. 5, Spring-Summer 1986.

Jury Selection Procedures: Our Uncertain Commitment to Representative Panels, Van Dyke, Jon M., Ballinger, Cambridge, Mass. (1977).

The Legal Ramifications in Criminal Law of Knowingly Transmitting AIDS. L.A. David, 19 Law & Psychol. Rev. 259-71 Spring 1995.

Let the Record Show: Modifying Appellate Review Procedures For Errors of Prejudicial Nonverbal Communication By Trial Judges, R.L. Shoretz, 95 Colum. L. Rev. 1273-300 June 1995.

Mean Justice: A Town's Terror, A Prosecution's Power, and A Betrayal Of Innocence, Edward Humes, Simon & Schuster (1999) pp. 491.

"Megan's Law": Community Notification and the Constitution. S. Schopf, 29 Colum. J.L. & Soc. Probs. 117-46 Fall 1995.

The Movement for Better Jury Instructions: A Selected, Annotated Bibliography for Lawyers, J. Wilcox, 8 U. of Bridgeport L. Rev. 457, 1987.

Necessity of Proving Venue or Territorial Jurisdiction of Criminal Offense Beyond Reasonable Doubt, 67 ALR3d 988.

Obscenity Test Requires Trier of Fact to Determine Whether Reasonable Person Would Find Material Lacks Serious Value and Erroneous Jury Instructions Concerning Obscenity Standard is Subject to Harmless Error Analysis [case note: Pope v. Illinois (1987) 107 S.Ct. 1918, Paulin, 18 Seton Hall L.Rev. 478, Spring 1988.

Prejudicial Effect of Prosecuting Attorney's Argument or Disclosure During Trial That Another Defendant Has Been Convicted or Has Pleaded Guilty, 48 ALR2d 1016.

Profane or Obscene Language By Party, Witness, or Observer During Trial Proceedings as Basis For Contempt Citation, 29 ALR5th 702.

Propriety of Reference, in Instruction in Criminal Case, to Juror's Duty to God, 39 ALR3d 1445.

Putting A Burden of Production on the Defendant Before Admitting Evidence That Someone Else Committed the Crime Charged: Is It Constitutional? Stephen Michael Everhart, 76 Neb. L. Rev. 272, 1997.

Ratzlaf v. United States (94) 114 SCt 655: The Meaning of "Willful" and the Demands of Due Process. R. Simonoff, 28 Colum. J. L. and Soc. Probs. 397-422 Spring 1995.

Recent Developments in Instructions, Green, Army Lawyer 46, April 1988.

Reconceptualizing Federal Habeas Corpus For State Prisoners: How Should AEDPA's Standard of Review Operate After Williams V. Taylor?, 2001 Wis. L. Rev. 1493 (2001).

Summing Up the Law [Great Britain] Griew, Crim.L.Rev. 768, Nov. 1989.

Trial Judiciary Note: Recent Developments in Instructions [U.S. Army Legal Services Agency report], Green, Army Lawyer 35, March 1987.

Strengthening the Criminal Jury: Long Overdue, H.S. Nathanson, 38 Crim. L.Q. 217-48 December 1995.

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Admissibility of Hypnotically Refreshed or Enhanced Testimony, 77 ALR4th 927.

The Hearsay Rule - Determining When Evidence Is Hearsay or Nonhearsay and Determining its Relevance as One or the Other, 30 U. West. L.A. L. Rev. 135 (1999).

Modern View as to Propriety and Correctness of Instructions Referable to Maxim "Falsus in Uno, Falsus in Omnibus", 4 ALR2d 1077.

Privileged Testimony: Propriety and Prejudicial Effect of Comment or Instruction by Court with Respect to Party's Refusal to Permit Introduction of Privileged Testimony, 34 ALR3d 775.

Thou Shalt Not Quote the Bible: Determining the Propriety of Attorney Use of Religious Philosophy and Themes in Oral Arguments (1998-1999), 33 Ga. L.Rev. 1113, 1176.

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A Big Mistake: Eroding the Defense of Mistake of Fact about Consent in Rape, 86 J. Crim. L. & Criminology 815, Spring, 1996, Rosanna Cavallaro.

Defendant Entitled to Mistake-of-fact Instruction, 43-NOV Res Gestae 19, November, 1999, Andrew Hedges.

The Influence of the Model Penal Code's Culpability Provisions on State Legislatures: a Study of Lost Opportunities, Including Abolishing the Mistake of Fact Doctrine, 27 Sw. U. L. Rev. 229, 1997, Dannye Holley.

Mistake of Fact and Sex Offenses, 1990-Apr Army Law. 65, Department of the Army Pamphlet 27-50-208, Eugene R. Milhizer.

Mistake of Fact in Bad Check Cases Revisited ,1991-Nov Army Law. 37, Department of the Army Pamphlet 27-50-227, Major Hunter.

No Mistake of Fact Instruction Needed in Computer Data Theft Trial, 12 NO. 7 Computer Law. 28, July, 1995.

The Resurgence of Mens Rea: Ii-honest but Unreasonable Mistake of Fact in Self Defense, 28 B.C. L. Rev. 459, May, 1987, Richard Singer.

Texts:

LaFave & Scott, Substantive Criminal Law (West, 1986) § 5.1, pp. 577-78.

Robinson, Criminal Law Defenses (West, 1984) p. 249 [Mistake Defenses: Chart Of Culpability Requirements].

Robinson, Criminal Law Defenses (West, 1984) pp. 244-68.

Robinson, Criminal Law Defenses (West, 1984) § 181 pp. 373-80.

Robinson, Criminal Law Defenses (West, 1984) (1999 Pocket Part) § 184 pp. 395-420.

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See also NCJIC Research Notes 305.16.2 [Pattern/Model Instructions].

Criminal Jury Instructions, 1993 U. Ill. L. Rev. 285, 1993, William H. Erickson.

Instructions and Advocacy, 126 Mil. L. Rev. 147, Fall, 1989, Michael D. Warren, W. Gary Jewell.

Instructions for Specific Crimes: Crimes of Homicide, CRMJII MA-CLE 2.I-i (Main Handbook) Massachusetts Continuing Legal Education, Inc. June, 1999, Massachusetts Superior Court Criminal Practice Jury Instructions Chapter 2, Part I .

Instructions Regarding Special Issues: Evidentiary Issues, CRMJIII MA-CLE 4.II-i (Main Handbook) Massachusetts Continuing Legal Education, Inc. June, 1999, Massachusetts Superior Court Criminal Practice Jury Instructions, Chapter 4, Part II Eric Brandt, Esq., Elspeth B. Cypher, Esq.

The Jury 1987: Techniques for the Trial Lawyer Jury Instructions, Communications, Juror Substitutions and Special/partial Verdicts: Selected Topics--the Principal Law, Practising Law Institute PLI Order No. H4-5033 November 1, 1987 David P. Bancroft 340 PLI/Lit 611.

Requiring Jury Instructions on Eyewitness Identification Evidence at Federal Criminal Trials, 80 J. Crim. L. & Criminology 585, Fall, 1989, Michael H. Hoffheimer.

Trial of Error: the Omission of Elements in Jury Instructions Requires Automatic Reversal on Habeas Review, 73 S. Cal. L. Rev. 403, January, 2000, Alexander H. Cote.

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Admissibility in Homicide Prosecution for Purpose of Showing Motive of Evidence as to Insurance Policies on Life of Deceased Naming Accused as Beneficiary, 28 ALR2d 857.

Necessity That Trial Court Charge upon Motive in Homicide Case, 71 ALR2d 1025.

The Mens Rea Enigma: Observations on the Role of Motive in the Criminal Law Past and Present, 1993 Utah L. Rev. 635, 738-41 (1993), Martin R. Gardner.

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Multiple Instances of Forcible Intercourse Involving Same Defendant and Same Victim as Constituting Multiple Crimes of Rape, 81 ALR3d 1228.

Single Act Affecting Multiple Victims as Constituting Multiple Assaults or Homicides, 8 ALR4th 960.

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Inconsistency of Criminal Verdicts as Between Two or More Defendants Tried Together, 22 ALR3d 717.

Texts:

Caplow & Griffin, Multidefendant Criminal Cases: Federal Law & Procedure, (West, 1998), Individual Verdicts, § 15:4, p. 274-277.

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See also NCJIC Research Notes 305.10.1 [Juror Unanimity].

Multiple Instances of Forcible Intercourse Involving Same Defendant and Same Victim as Constituting Multiple Crimes of Rape, 81 ALR3d 1228.

Single Act Affecting Multiple Victims as Constituting Multiple Assaults or Homicides, 8 ALR4th 960.

Single or Separate Larceny Predicated upon Stealing Property from Different Owners at the Same Time, 37 ALR3d 1407.

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See also NCJIC Research Notes 305.6.3 [Felony Murder].

See also NCJIC Research Notes 305.13.1 [Manslaughter].

The Absence of Malice? In re Christian S. (94) 7 C4th 768, the Second Wind of the Imperfect Self-Defense Doctrine. K.P. McGee, 25 Golden Gate U. L. Rev. 297-330 Spring 1995.

Accused's Right to Have Jury Instructed as to Both Unintentional Shooting and Self-defense, 15 ALR4th 983.

Admissibility, in Homicide Prosecution, of Opinion Evidence That Death Was or Was Not Self-inflicted, 56 ALR2d 1447.

Admissibility of Evidence in Homicide Case That Victim Was Threatened by One Other than Defendant, 11 ALR5th 831.

Admissibility on Behalf of Accused in Homicide Case of Evidence That Killing Was Committed at Victim's Request, 71 ALR2d 617.

Admissibility Of Threats To Defendant Made By Third Parties To Support Claim Of Self-Defense In Criminal Prosecution For Assault Or Homicide, 55 ALR5th 449, and Later Case Service.

Attempted Murder -- Proper Direction on "Intention" [Great Britain] Coutts, 55 J.Crim.L. 33, Feb. 1991.

Criminal Liability for Death of Another as Result of Accused's Attempt to Kill Self or Assist Another's Suicide, 40 ALR4th 702.

Criminal Liability Where Act of Killing Is Done by One Resisting Felony or Other Unlawful Act Committed by Defendant, 56 ALR3d 239.

Depression and Homicidal Violence, C. P. Malmquist, 18 Int’l J.L. & Psychiatry 145-62 Spr. 1995.

Earlier Prosecution for Offense During Which Homicide Was Committed as Bar to Prosecution for Homicide, 11 ALR3d 834.

From Keeler v. Superior Court [(70) 470 P2d 617] to People v. Davis [(94) 872 P2d 591]: The Definition of Fetal Murder in California. A.H. Hsu, 23 W. St. U. L. Rev. 219-41 Fall '95.

Homicide Based on Killing of Unborn Child, 40 ALR3d 444.

Homicide by Automobile as Murder, 21 ALR3d 116.

Homicide by Withholding Food, Clothing, or Shelter, 61 ALR3d 1207.

Homicide: Cremation of Victim's Body as Violation of Accused's Rights, 70 ALR4th 1091.

Homicide: Criminal Liability for Death Resulting from Unlawfully Furnishing Intoxicating Liquor or Drugs to Another, 32 ALR3d 589.

Homicide: Failure to Provide Medical or Surgical Attention, 100 ALR2d 483.

Homicide: Liability Where Death Immediately Results from Treatment or Mistreatment of Injury Inflicted by Defendant, 50 ALR5th 467.

Homicide on Improper Treatment of Disease or Injury, 45 ALR3d 114.

Homicide: Physician's Withdrawal of Life Supports from Comatose Patient, 47 ALR4th 18.

Homicide Predicated on Improper Treatment of Disease or Injury, 45 ALR3d 114.

Inference of Malice or Intent to Kill Where Killing Is by Blow Without Weapon, 22 ALR2d 854.

Instructions as to Presumption of Deliberation and Premeditation, 86 ALR2d 659; 96 ALR2d 1435.

Malice Aforethought in California: A History of Legislative Abdication and Judicial Vacillation, 33 U.S.F. L. Rev. 313 (1999).

Modern Status of the Rules Requiring Malice "Aforethought," "Deliberation," or "Premeditation," as Elements of Murder in the First Degree, 18 ALR4th 961.

Murder -- Direction to Jury [Great Britain] Knapman and Smith, Crim. L.Rev. 903, Dec. 1989.

Murder -- Joint Enterprise -- Intention -- Direction to Jury [Great Britain] Smith and Knapman, Crim.L.Rev. 338, May 1987.

Murder -- Mens Rea -- Direction to Jury [Great Britain], Metcalfe and Smith, Crim.L.Rev. 117, Feb. 1988.

Necessity and Effect, in Homicide Prosecution, of Expert Medical Testimony as to Cause of Death, 65 ALR3d 283.

Necessity That Trial Court Charge upon Motive in Homicide Case, 71 ALR2d 1025.

Parricide and Mental Illness: A Study of 12 Cases. F. Millaud et al., Int'l J.L. & Psychiatry 173-82 Spring 1996.

A Pattern Jury Instruction for Felony Murder [Pennsylvania] Murphy, 94 Dickinson L.Rev. 489, Winter 1990.

People v. Davis: California's Murder Statute and the Requirement of Viability for Fetal Murder, J.N. Qureshi, 25 Golden Gate U. L. Rev. 579-614 Spring '95.

Propriety of Manslaughter Conviction in Prosecution for Murder, Absent Proof of Necessary Elements of Manslaughter, 19 ALR4th 861.

Reforming California's Homicide Law, 23 Pepp. L. Rev. 495 (1996).

Second Degree Murder Replaces Voluntary Manslaughter in Illinois: Problems Solved, Problems Created (Illinois Judicial Conference Symposium) Haddad, 19 Loyola U. of Chicago L.J. 995, Spring 1988.

Single Act Affecting Multiple Victims as Constituting Multiple Assaults or Homicides, 8 ALR4th 960.

"Unintentional Homicides Caused by Risk-Creating Conduct: Problems in Distinguishing Between Depraved Mind Murder, Second-Degree Murder, Involuntary Manslaughter, and Non-Criminal Homicide in New Mexico"20 NMLRev. 55 (1990).

Validity and Construction of Statue Defining Homicide by Conduct Manifesting Depraved Indifference, 25 ALR4th 311.

Venue in Homicide Cases Where Crime Is Committed Partly in One County and Partly in Another, 73 ALR3d 907.

Texts:

LaFave & Scott, Substantive Criminal Law, (1986) (West) § 7.7.

LaFave & Scott, Substantive Criminal Law, (1986) (West) § 7.6.

LaFave & Scott, Substantive Criminal Law, (1986) (West) § 7.1--7.4.

Wharton’s Criminal Evidence, (15th Ed. 1997) (West) § 4:45, pp. 477-82.

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What constitutes murder by torture, 83 ALR3d 1222.

Texts:

LaFave & Scott, Substantive Criminal Law, (West, 1986) § 7.7(c), p. 242-44.

Wharton’s Criminal Law, (West, 15th ed. 1993) § 144, pp. 281-85.