Actus Reus
This term means a "voluntary act" that produces social harm.
What is actus reus?
This mens rea applies when a person is "aware of a substantial and unjustifiable risk."
What is recklessness?
A defense that argues the prosecution failed to meet its burden on an element.
What is a case-in-chief-defense?
Killing with malice aforethought defines this offense.
What is murder?
Felony murder requires that this type of felony be occurring.
What is an inherently dangerous felony?
This case held that a defendant must voluntarily appear in public to be guilty of public drunkenness.
What is Martin v. State?
Under common law, "malice" can mean intent to harm or this mental state.
What is reckless disregard of foreseeable risk? (Cunningham)
Self-defense requires belief that threat is this.
What is imminent?
This form of manslaughter requires "heat of passion" caused by adequate provocation.
What is voluntary manslaughter?
This doctrine prevents felony murder when the underlying felony is assaultive and mergers with the homicide.
What is the merger doctrine?
Under MPC Section 2.01, this type of act–such as a reflex or seizure–does not qualify as voluntary.
What is an involuntary act?
This doctrine treats awareness of a "high probability" of a fact as actual knowledge.
What is willful blindness/deliberate ignorance?
Under the MPC, deadly force is justified only if the actor believes it is immediately necessary to prevent this.
What is: death, serious bodily injury, kidnapping, or forcible sexual intercourse?
This form of manslaughter includes killings committed under this subjective–objective standard.
What is Extreme Mental or Emotional Disturbance (EMED)?
Under the agency rule, felony murder doesn't apply when this person does the killing.
What is a third party/non-felon?
Liability for failing to act requires this essential first step.
What is a legal duty to act?
Under the MPC, this mens rea requires "conscious object to engage in conduct or cause a result".
What is purposely?
This case established an objective standard for reasonableness in self-defense shootings.
What is People v. Goetz?
This case held that cumulative provocation can qualify for voluntary manslaughter.
What is People v. Berry?
This case held that a robber is liable for a victim's heart attack (take your victim as you find them).
What is People v. Stamp?
Name two legal sources that create a duty to act.
What are: (1) special relationship; (2) contract; (3) statute; (4) creation of risk; (5) voluntary assumption of care?
This U.S. Supreme Court case held that "knowingly" does not attach to jurisdictional elements.
What is United States v. Yermian?
Name the two prongs of the M'Naghten insanity test.
What is: did not know nature/quality of act OR did not know act was wrong?
Name the four traditional categories of "malice aforethought".
What is: Intent to kill; intent to cause grievous bodily injury; depraved heart; felony murder?
This case rejected felony murder liability for killings committed by a third party resisting the felony.
What is State v. Canola?