Intentional Killings
Manslaughter
Mitigation
Felony Murder
Theft
100
Intentional and premeditated Split-second jurisdiction, there is no time too short to premeditate
What is 1st Degree Murder?
100
Misdemeanor Manslaughter
killing while committing a misdemeanor
100
Did the defendant have self-control?
What is threshold problem?
100
In a _______ Being a career criminal is enough to deem actions as dangerous. In this jurisdiction, a court is likely to apply the merger doctrine how?
What is a concrete jurisdiction Must be a vehicle for 2nd felony
100
Three birds of theft . . . Name and define
What is Title: o Ownership of property Possession: o Substantial unsupervised control of property o Constructive Possession: • Voluntarily surrender of physical control Custody: o Supervised by owner o Owner maintains possession and control
200
Second Degree Murder
What is Intentional and unpremeditated o Accidental killings that are committed with a high degree of recklessness • Intent to Inflict grievous bodily harm, no intent to kill
200
Difference between Involuntary and Voluntary Manslaughter
What is • Voluntary Manslaughter- always specific intent o Intentional killing committed under the influence of some emotional reason • Involuntary Manslaughter o Accidental Killing that is committed with criminal (gross) negligence or recklessness
200
Provocation in a law jurisdiction (categories) and what they allow . . .
What is: Insults do not constitute provocation Judge decides whether provocation was adequate • Witnessing crime, adultery, assault, etc. Rekindling: an act triggering a past event
200
In an abstract Jurisdiction a court . . ? In regards to the merger doctrine, in this jurisdiction, the court . . ?
What is allowing the court to try and define dangerous in a way that would lessen the crime Must be an element of the felony committed
200
Simple Larceny and the elements under CL v. MPC
What is • Acquiring property in a shady manner where only custody is allowed • Wrongfully acquiring possession of property by taking or carrying away from original possessor Common law elements: o Trespass= wrongful taking o Taking of property o Asportation→ must be tangible/moveable o Intent to deprive permanently or depreciate value significantly MPC: o No asportation requirement o Exercise unlawful control o Allows inference based on conduct evidence aliunde→ outside evidence
300
Need to show one or more of following: Planning Motive Method of killing deliberate or preconceived
What is Premeditation?
300
In a Carroll-Split Second Jurisdiction . . . (which degree of murder is he guilty of and why)
The Defendant is Guilty of first degree murder, as no time is too short to premeditate.
300
EED . . ?
What is NO COMMUNITY STANDARD o Self control defeats EED claim Jury examines the actions through the def eyes • Asks whether def has a reas excuse or explanation for being disturbed under circumstances? Takes into account the circumstances of crime/provocation o i.e. weight, history of being bullied, etc.
300
No barrier to felony claims and does not allow listed felonies to intertwine . . .
What is Merger Doctrine
300
A conversion to the detriment of the superior property interest of the rightful owners and is complete when . . .
What is Embezzlement The crime of embezzlement is complete when there is a fraudulent conversion of property/funds without the owner’s consent
400
Depraved Heart Murder
What is - no intent to kill or injure but there is outrageous indifference to human life and safety
400
In a Guthrie Meaningful Reflection Jurisdiction . . . (which degree of murder is he guilty of and why)
What is Guilty of 2nd if there is no indication of time to reflect or that person actually reflected.
400
Personal trait to which provocation was directly aimed that caused the def actions to occur
What is cyst(s)
400
Causation needs to be ______. The two types of causation are ____ and ____. Under one of the types, the two styles are ___ and ____.
What is legal cause in order to be guilty But-for Causation: but for the defendant’s dangerous conduct the dangerous result would not have occurred. Legal/Proximate Causation Brady-style- needs to be both natural and foreseeable.. (No meteors) Arzon Style- intermeshing causing (NEED more here)
400
Elements of Larceny by trick v. servant
What is False promises do not apply Statement of intent to obtain custody where real intent is to obtain possession Future promises constitute larceny by trick under common law or traditional justice Trespass= wrongful taking Taking of property Intent to deprive permanently or depreciate value significantly Conversion
500
Name all types of intentional Killings
What is 1st Degree: o Int’l Murder:Intentional and premeditated Split second jurisdiction: No time is too short 2nd Degree Murder: o Intentional and unpremeditated o Accidental killings that are committed with a high degree of recklessness Depraved Heart Murder
500
Outrageous indifference to human life and safety with no intent to Kill vs. Intentional killing committed under the influence of some emotional reason
What is Depraved heart murder v. Heat of passion
500
Judge sets objective community standard, decides reas person standard, and allows for "cyst" v. Jury uses objective community standard and decides read person
What is Traditional Fact v. Modern Fact Juris
500
Discuss the 3 FM limitations
What is Perpetrator Limitation: no F-M unless homicide results from physical action of one of the felons. Victim Limitation: if the victim is a co-felon, the F-M rule does not apply. Causation Limitation: furtherance→ killing does not happen while committing the felony
500
Theft by False Pretense (CL v MPC)
What is • Statutory Offense • No legal fictions o Lies do not block transfers of possession between parties • Present or past lie must be legal cause of obtaining title • Gaining title through past or present lie(s) • Based on victim’s intention not def understanding MPC: o Future promises constitutes false pretense Common Law: o Future promises do not constitute false pretense
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