Cases
Blacked out drunk Veteran, stabbed and killed his son, argued the stabbing wasnt a voluntary act because he was intoxicated
What is State v. Utter (actus reus)
Common Law definition for murder
Killing of a human being with malice aforethought
What egg-laying mammal has a paddle-shaped tail, a sleek body covered in dense fur, a wide, flat bill, and big webbed feet?
Platypus
Actus reus of conspiracy
The agreement is the criminal act
2 elements of accomplice liability
1. Specific intent/purpose/knowledge to the crime
2. Assistance or support to principle perp
True of false: Aggressor can claim self defense
False
Defendant drove accross the border with 110 lbs of MJ. Claims she didnt really know that the drugs were in there. Court rules willfull ignorance counts as knowledge
US v. Jewell (mens rea)
4 Mens Rea's for murder
1. Intent to kill; 2. Intent to seriously injure; 3. Felony murder; 4. Abandoned depraved heart (extreme recklessness)
What do you call a baby owl?
owlette
Unilateral v. Bilateral conspiracy
CL & MPC which is which
Unilateral doesnt need both people to genuinely agree for D to be criminally liable (MPC) Bilateral requires both parties genuinely agree for criminal liability
Renunciation for accomplice liability
Accomplice must deprive his complicity or effectiveness or call police or prevent crime
What is the reasonable person in MPC
The hybrid reasonable person: relevant knowledge D has of V ;physical attributes of all involved; D's Prior experience can provide reasonable basis for belief of V's intention
Defendant thought the gun was empty, shot and killed his friend, D argues he didnt have spcific intent to kill so he cannot be guilty, court says if he was reckless in assuming the gun is loaded he can be convicted of reckless murder
People v. Sexton (Mistake)
MPC definition for murder
Killing performed with Purpose or knowledge
Who is the longest-serving US president?
Difference between Pinkerton and MPC conspiracy
Pinkerton: You are liable for all acts of the co conspirators related to the conspiracy or crimes that are that reasonably flow from criminal agreement
MPC: only way to conspiracy liability is through accomplice liability
MPC Accomplice liability
With knowledge to promote or facilitate the crime d:
1. Solicits, commands, encourages another to commit OR;
2. Aids or aggrees to aid another
when is deadly force permitted
Only when there is a threat of deadly force or great bodily harm
Girlfriend beats Defendants son, fatally injuring him, father then beats him and he dies, he argues he was not the but for cause so he cant be convicted. Court finds that he accelerated the death so he can be convicted.
Oxendine v. State (mistake)
1. The actual provocation; 2. D acts in the heat of passion; 3. performed before opportunity to cool down; 4. causal connection between provocation and killing
According to Greek mythology, what famed warrior died because he took an arrow to the heel?
achilles
CL requirement of Incohate conspiracy
1) Agreement to commit unlawful act; 2. Special intent to achieve object of conspiracy; 3. Overt act in furtherance of conspiracy
Requirements for punishable attempt
1. D has specific intent for crime
2. takes sufficient steps to completing crime
MPC subs imminent threat with what?
Immediate necessity
Mother leaves infant in the car, cracks the windows and goes inside to take a nap. Baby dies in the hot car. Court says a reasonable person wouldve been aware of the risk and she is guilty of involuntary manslaughter
People v. Kolzow (Involuntary manslaughter)
Extreme emotional distress/mental disturbance for which there is reasonable explanation or excuse
the latin Genus for bear ( also the name of a constellation)
Ursa
Renunciation in the CL and MPC
CL: does not ever allow renunciation
MPC: 1. Inform the authorities; 2. Communicate withdrawal to conspirators; 3. dissolve underlying agreement to the conspiracy
Complete v. Incomplete attempt
Complete attempt: D acts and there is nothing left to do but the plan fails because of something outside of his control
Incomplete: D yet to reach final step and is interrupted before completion
requirements of self defense (CL)
Justified in using force if D has a good faith (subjective) and reasonable (objective) belief they:
1. Were threatened by imminent force
2. Force used in response is necessary to repel that threat
Boyfriend steals girlfriends Jewelry and Pawns it off. Argues he intended to give it back so he cant be guilty of theft. Court said he had no ability to ever buy the jewelry back so he did intend to permanently deprive
Marsh v. Commonwealth (Larceny)
MPC Involuntary manslaughter
someone disregards a risk that involves that involves a gross deviation from standard of conduct a law abiding person would take and a reasonable person would not have taken that risk
What team has the best record in the NBA right now
Several different groups come to the D for a fraudulent loan. D's argue they were multiple conspiracies not one. Court says for one conspiracy all members need to be aware of others, b/c of that its 8 different conspiracies
Kotteakos v. US
MPC test for attempt
D engages in a substantial step in a course of conduct planned to culminate in a crime
What is imperfect self defense?
Defendant went to a party and was jumped, came home drunk and threatened to bash family members head in. D claims that he didnt mean to scare his family so he cant be guilty of assault. Court says that the mens rea applies to the result not the conduct.
State v. Birthmark (assault)
5 gateways from murder to voluntary manslaughter
1. Extreme assault on Def.; 2. Mutual Combat; 3. Illegal arrest of defendant; 3. illegal arrest of Def.; 4. Injury/ abuse to close relative or friend; Sudden discovery of spousal adultery
What is the largest island in the world?
greenland
Miami drug deal gone wrong, undercover DEA agents killed. D argues shooting was not a natural and probable consequence of the drug deal. Court says it was because guns are a tool of the trade and it was a large drug deal.
US v. Alvarez
Explain dangerous proximity test
D must be close causally to the crime - not a question of geography a question of how much of the crime they have comitted
Case where a friend shoots his other friends in his backyard, no stand your ground because:
The garage didn't count as his castle and he was seen as the aggressor