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Critiquing Crump: The Strengths and Weaknesses of Professor Crump's Model Laws of Homicide

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dc.contributor.author Loewy, Arnold H.
dc.date.accessioned 2010-04-19T15:00:00Z
dc.date.available 2010-04-19T15:00:00Z
dc.date.issued 2007
dc.identifier.citation 109 W. Va. L. Rev. 369 en_US
dc.identifier.uri http://hdl.handle.net/10601/608
dc.description.abstract David Crump should be commended for his prodigious effort in rethinking the law of homicide. I am particularly impressed by his call for abolishing "malice aforethought" as an independent element of murder. I am less sure of the wisdom of totally abolishing the category of willful deliberate and premeditated murders as among those deserving special harshness. In regard to voluntary manslaughter, Professor Crump overstates the problems and understates the benefits of the MPC's "Extreme Emotional Disturbance" test. Consequently, he wrongly calls for its rejection. He similarly understates the importance and overstates the problems with depraved heart murder, and would eliminate that too without an adequate substitute. I partially disagree with Professor Crump's felony murder analysis. If the felony murder rule is to be maintained, I would limit it to the most serious felonies, and not worry about whether ex ante the ultimately fatal act appeared dangerous. More fundamentally, I would clearly apply the merger rule to assault to prevent prosecutorial bootstrapping, a problem to which Professor Crump gives insufficient consideration.
dc.publisher West Virginia Law Review
dc.relation.uri http://heinonline.org/HOL/Page?handle=hein.journals/wvb109&collection=journals&id=375&men_hide=false&men_tab=citnav
dc.relation.uri https://advance.lexis.com/api/document/collection/analytical-materials/id/4N9W-VS60-00CV-W04C-00000-00?context=1000516
dc.relation.uri https://a.next.westlaw.com/Document/Id7d6d481e08e11dbacd6b4db45fd6021/View/FullText.html
dc.subject Malice aforethought en_US
dc.subject Model penal code en_US
dc.subject Premeditation en_US
dc.subject Provocation en_US
dc.subject Depraved heart murder en_US
dc.subject Felony murder en_US
dc.title Critiquing Crump: The Strengths and Weaknesses of Professor Crump's Model Laws of Homicide en_US
dc.type Article en_US

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