People v. Casassa

As you read Casassa, consider these questions:

1. What are the elements of “extreme emotional disturbance” under the MPC and the NYPL? Is the standard objective or subjective?
2. Under New York law, who has the burden of proving the elements of EED? What is that burden?
3. What happened in Casassa? What is the court’s holding? What happens next? 
4. If you were the finder of fact, would you conclude that Casassa was guilty of murder or manslaughter?
5. What are the practical differences between the MPC/NYPL standard (EED) and the common law standard (adequate provocation)? What are the policy reasons behind the MPC/NYPL approach? Which approach is more favorable for defendants? WHich approach do you prefer?
6. Consider the various scenarios presented in Question #9 above. How would those defendants fare under the MPC/NYPL approach? Are there (should there be) any limits to the possible bases for EED?
7. Practice Exam Question: Consider the facts of Girouard. Now analyze under the MPC/NY standard.
8. Practice Exam Question: Consider the facts of Casassa. Now analyze under the common law standard for manslaughter.