PUNISHMENT, ACTUS REUS, MENS REA
A conscious exercise of the will, required for criminal liability. The following are not such: reflex or convulsion, bodily movement during sleep or hypnosis, not a product of effort or determination of the actor.
What is voluntary act?
This kind of killing could be premeditated, depraved heart or simply with an intent to inflict a serious bodily harm
What is murder?
This type of voluntary manslaughter requires the following 4 elements:
Defendant is inflamed and has no time to reflect
Reasonable person would also be inflamed in such circumstances
Defendant did not cool off
A reasonable person would also not have cooled off
What is heat of passion?
This type of causation requires that Defendant's actions are the actual cause of the victim's injuries. AKA the "but for" test
What is cause in fact?
To be liable for this, you need an act and intent. Mere encouragement is also enough.
What is an accomplice?
Failure to act or perform a legal duty.
What is omission?
This type of killing could have adequate provocation and has no malice.
What is manslaughter?
This type of involuntary manslaughter requires consciously disregarding a risk (skier going down the slope).
What is reckless manslaughter?
This type of causation requires that victim's injuries be a foreseeable result of defendant's action. However, defendant cannot be held liable if injuries are unpredictable and have no reasonable link to her/his actions.
(case about KKK and woman killing herself)
What is proximate cause?
This type of defense is known as the law of necessity. It has both a subjective and an objective element. Court's consider physical elements such as weigh, height, disability, etc.
What is self-defense?
Your goal and conscious objective to do something.
What is purposefully?
In order to have this, you must have the following:
evidence of planning
prior relationship to create motive
nature/manner of killing
(case where victim co worker snapped appellant with a towel and he killed him)
What is premeditation?
Mutual combat
Extreme assault/battery
Sudden discovery of spouse's adultery
Serious injury to a loved one
What is adequate provocation?
Defendants actions go beyond the scope of defendant's actions.
(cases about car accident where the lights weren't working and the racing case)
What is not a proximate cause?
His rule establishes that a defense based on insanity requires that "at the time of committing the act, the party accused was laboring under such a defect or of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know that what he was doing was wrong"
Who's M'Naghten?
Defendant must be aware that result is virtually certain.
What is knowingly?
Conviction of such murder requires sufficient evidence of premeditation and deliberation
(case where child died from constant abuse by father)
What is First degree murder?
Grossly deviant action that puts another at significant bodily harm or death and requires 4 part analysis: conduct creates a substantial risk of death; also creates unjustifiable risk of death; gross deviation from the reasonable standard of care; defendant should have known all of the above
(case where baby died of toothache)
What is criminal negligence?
This test looks at what is left to be done to convict for an attempt. Defendant must come close to near accomplishing the crime. There might still be room for repenting. Did the defendant do the last possible act before to actual completion of the crime
What is dangerous proximity test?
"Under this test, the defendant will be found not guilty by reason of insanity if they can show that as a result of mental disease or defect, they could not resist the impulse to commit the crime of which they are accused, due to inability to control their actions."
What is irresistible impulse test?
Acting with gross deviation by consciously disregarding a substantial and unjustifiable risk. Must be read in if no mens rea unless strict liability.
Gross deviation by failing to perceive and substantial and unjustifiable risk, or being unaware of a risk.
What is recklessly?
What is negligently?
This type of murder requires: lack of provocation; conduct and statements of the defendant before and after the killing; threats and declarations of the defendant before and during the killing; ill-will between parties; lethal blows after victim rendered helpless; evidence of killing done in a brutal manner.
(case where defendant shot his father in the hospital)
What is first degree murder?
Under this theory, killing must have been by defendant or someone acting as their agent.
Under this theory, defendant can be liable for a killing by resistance or police because the death is a direct consequence of the felony.
What is agency theory?
What is proximate cause theory?
This test has no room for repenting. We look at how much the defendant has already done. Earlier steps can be enough to prove blameworthiness.
A test no longer used but must not be forgotten for the final!
What is substantial step test?
What is last act test?
Under this test, "An accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect."
Under this test, an individual is not liable for criminal offenses when, as a result of mental disease or defect, the defendant lacked substantial capacity to:
appreciate the criminality/wrongfulness of his conduct
conform his conduct to the requirements of the law
What is product/Durham test?
What is MPC 4.01?