Homicide
What are the elements for first degree murder? What are the rules to determine?
malice aforethought and premeditation
rules: cool reflection- coleman, lying in wait- texieria
what are the elements of modern rape?
sexual intercourse without consent
what is the conduct
the agreement
what are the elements
mens rea + conduct + target crime
what are the elements?
mens rea + conduct
what is involuntary manslaughter
same as reckless, aware of and conciously disregard a substantial and unjustifiable risk- Duncan
how to prove non consent
yes means yes
no means no
what is the mens rea
agreement to commit a crime implicitly includes the purpose to do that crime
what is the mens rea?
purpose to further or encourage the target crime
what is the mens rea?
purpose to commit intended crime
what is negligent manslaughter?
failing to percieve substantial and unjustifiable risk, plus factor: criminal negligence is higher than civil negligence, affirmative act by defendant required to transform to higher bar
what is the mens rea
usually negligence: should have been aware of substantial risk: what would a reasonable person in the defendants shoes think
how to prove conduct
implicit: proved inferentially by circumstances
explicit
Hicks holding
aiding and abetting is that purpose is for words to encourage the crime, not just that they do
mere presence is not enough
what is the test for the conduct?
MPC: substantial step
what are the second degree rules for malice aforethought?
1. intentional/knowing killing
2. intent to cause serious bodily harm
3. depraved heart murder: reckless + extreme indifference to the value of human life
actual vs. legal consent
actual: "ordninary" rape cases
legal: intoxication rape, the victim is not capable of consenting, ignore whether there is actual consent
bilateral vs. unilateral
bilateral requires that both sides actually mean the agreement and one side isn’t joking or not serious, unilateral means the defendant has to believe there is an agreement on both sides even if it’s only on one side- allows for officer
wilcox holding
mere presence not enough, but presence coupled with acting as an audience member or buying ticket can be aiding and abetting
what is impossibility
defense to the conduct: under the facts as the defendant believed them to be: the conduct element is not fulfilled
ex: defendant thought he was selling cocaine, its actually baking powder so there was no illegal conduct
How do you determine 1st and 2nd degree felony nurder?
Billa rule: act in furtherance of the felony resulted in the death, the defendant has to be present and participating
1st: enumerated felonies- rape, robbery, kidnaping, arson
2nd: abstract or fact based test- Mitchell
what is the voluntary intoxication defense?
rendered such person substantially incapable of knowing or understanding the wrongfulness of his conduct and of conforming his conduct to the requirements of law
is further conduct required
overt act in some jurisdictions: need not be by defendant but just someone in conspiracy, the most minial act to further the agreed crime, purpose of the act to further even if it doesnt
voluntary manslaughter
down from 2nd degree through provocation: provocation has to come from victim, there is no cooling period, and it must be reasonable (Acevedo)
excessivity does not negate provocation (Shumway)
what is the rizzo test?
conduct was so close that without timely interference, crime was likely to have occured