Criminal Law II

Assisted Suicide

100

Four defenses that are used in states where assisted suicide is illegal.

What is: 1. Causation and Mistake of Law 2. Double Effect 3. Jury Nullification 4. Medical Necessity

200

Three reasons assisted suicide was traditionally prohibited.

What are 1. Protect people from influence of person who, for selfish reasons, might lead a person to commit assisted suicide. 2. One who assists is not mentally ill and doesn’t share the same claim to compassion or pity. 3. At common law there is a general duty to rescue placed on a person that places another in peril.

300

Distinguish Active and Passive Assisted Suicide

What is: 1. Active Assisted Suicide – Illegal. Act of a physician affirmatively placing some instrument, drug or gas before the patient, who then elects to complete the act of suicide (wouldn’t this be legal under the MPC?). 2. Passive Assisted Suicide – Legal. A physician withdraws life support treatment from a patient who chooses to die (think living will).

400

List Three Types of Necessity Defense (and elements of necessity)

What are: 1. Standard necessity - Regina v. Dudley & Stephens (eating the cabin boy case) a. Threatened injury must be worse than the legal violation b. Law does not provide exceptions or defenses in the particular situation c. No legislation that specifically forbids the necessity defense d. Actor must not have recklessly or negligently caused the predicament which necessitated the breaking of the law. 2. Duress - one is unable to exercise a free choice 3. Medical Necessity - less required than standard necessity

500

List six factors for a finding of Medical Necessity

1. Belief in medical emergency 2. Expert medical authority 3. Imminent harm to another (disease must be terminal) 4. Reasonable alternatives (no palliative care sufficient) 5. No fault, no legislation 6. Balance of harms

Mo' Murder, Mo' Problems

100

List aggravating circumstances for Murder in Non-Degree states.

1. Great risk of death to many persons 2. Committed by a convict under sentence of imprisonment 3. Δ previously convicted of another murder or violent felony 4. Multiple murders 5. During commission of a felony 6. Murder committed to avoid/prevent lawful arrest or effect escape from lawful custody 7. Committed for pecuniary gain 8. Especially heinous/atrocious/cruel/exceptionally depraved

200

List the mitigating factors for Murder for Non-Degree states.

1. No significant prior history 2. Murder committed while under influence of extreme mental/emotional disturbance 3. Victim was participant in Δ’s homicidal conduct/consented to homicidal act 4. Morally justified 5. Participation relatively minor (accomplice) 6. Δ acted under duress 7. Capacity impaired as result of mental disease/defect or intoxication 8. Juvenile status

300

What is the Merger Rule?

Must show an independent felonious purpose.

400

Describe three tests for whether a felony is "inherently dangerous" as applicable to the felony murder rule.

factual: look at the specifics of the case—committed in a factually dangerous way abstract: look at the felony in the abstract, eg., nature of felony (fraud isn't inherently dangerous in the abstract) hybrid: look at if it can be committed either violently or non; if V—can be felony murder

500

List Judge, Holding, and arguments for and against the holding in State v. Guthrie.

Judge: Donofrio Holding: Remanded on other grounds. Arguments for and against Holding: - psychiatric evidence of mental problems demonstrated. - although a reasonable jury could find Appellant guilty of first-degree murder, the instructions regarding first-degree murder were erroneous - ruled that they could not retroactively apply the new definition of premeditation, because this case was being overruled on other grounds, Appellant would get the benefit of the new statute. - would erode distinction between murder degrees

EXAM QUESTIONS

100

List 4 policy reasons we should allow provocation to excuse an intentional killing:

1. Extreme emotional distress 2. Protecting family 3. Human frailties 4. Bullying / battered spouse syndrome

200

List 3 policy reasons _against_ allowing provocation to excuse an intentional killing.

1. Mistakes are made 2. There are alternatives to killing 3. Reasonable people don't kill

300

Discuss the law's view of religious beliefs as they relate to a minor child at-risk.

1. Omission doctrine 2. Medical necessity 3. Freedom of religion does not extend to imposition on unprotected minors

400

Fancy term for failure to report a felony.

What is misprision of a felony?

500

The holding in Acosta.

Even though it should be the opposite this helicopter case spins the ruling around backwards: 1. Acosta loses on proximate cause 2. But the case is reversed and remanded as it lacked a showing of malice.

Miscellany of Doom

100

The point at which the causal chain is broken.

By another's reckless act (not negligent).

200

Fancy term for "during the criminal transaction".

What is res gestae?

300

EXAM QUESTION: Give 5 arguments for defense and 5 arguments for prosecution in Cannola.

1. Not guilty for co-felon's death. 2. Proximate cause (list arguments for this separately) 3. Agency theory (store owner not an agent) 4. Vicarious liability ("but for" test) 5. Tort foreseeability goes further than criminal foreseeability. 6. Reasonableness - general foreseeability vs specific foreseeability 7. Should aider / abettor intend result? 8. Limit co-felon liability to what was contemplated in the course of the felony

400

Describe the two types of acts which _may_ break the causal chain.

Superceding acts - unanticipated acts happening within the transaction (malice) Intervening acts - unanticipated acts happening outside the transaction (less malice)

500

Malice sufficient for Murder.

1. Intent to Kill; OR 2. Extreme Recklessness

Impossible Cases

100

Commonwealth v. Carroll - Judge - Holding - Arguments for / against holding

Chief Justice Bell Holding: Judgment and conviction affirmed Arguments: 1. The specific intent to kill may be found from a defendant’s words or conduct or from the attendant circumstances 2. Intent may be inferred from the intentional use of a deadly weapon on a vital part of another human being. 3. If a killing is intentional, willful, deliberate and premeditated, the amount of time between the premeditation and the actual killing is immaterial. 4. Premeditation is not negated by circumstances tending to show that the defendant acted with a lack of escape plan. 5. A psychiatrist’s opinion as to a defendant’s lack of intent is entitled to very little weight, especially is a case such as this one, where the defendant’s own testimony is in opposition. 6. “no time is too short for the necessary premeditation to occur” 7. Shot _after_ she was asleep 1. Improperly eliminates legislatively drawn line between murder degrees. 2. Heated argument with insufficient cooling period 3. Gun was loaded and present (did not go get it) 4. Psychiatrist stated he would not have been able to load the gun or fetch it

200

List the Judge, Holding, and Arguments For / Against in Casassa

Judge Jasen Holding: Conviction affirmed. Arguments For / Against: 1. Diminished capacity due to extreme emotional distress 2. Patterson holding - tried to suggest that any mental challenge must be tested from the point of view of the defendant 1. Distress must be reasonable 2. Must be from a reasonable person's point of view 3. Had an element of laying in wait 4. Brought weapon 5. Said he went there to kill her

300

List the Judge, Holding, and Arguments For / Against in the Welansky case.

Judge: Lummus Holding: Conviction for manslaughter affirmed. Arguments: 1. Commonwealth was not required to prove that the defendant caused the fire by wanton or reckless conduct, but only that the deaths resulted from his wanton or reckless disregard of the safety of his patrons in the event of fire from any cause. 2. Defendant took actions to block exits. 3. Defendant knew this created a risk (or his lack of knowledge did not excuse the imputation of knowledge) 4. Store owner is required to care for the safety of his patrons. 1. Defendant was not there. 2. Defendant had no malice component

400

List the Judge, Holding, and Arguments For / Against in Pope v. State.

Judge: Orth Holding: Conviction reversed on appeal. Arguments For Conviction: 1. Pope brought them into her home. 2. In the mother's mental illness, she was a de facto caregiver. 3. By bringing the child into her home, she assumed a duty by precluding others from help (theory that you owe a duty of care if you start providing aid) 4. Pope failed to report the felony. Arguments Against Conviction: 1. Pope was not en loco parentis. 2. The mother was always present. 3. Misprision of a felony had fallen into disuse. 4. Opens up a policy nightmare by making people responsible criminally for others' actions.

500

List the Judge, Holding, and Arguments For / Against for People v. Phillips.

Judge: Tobriner Holding: Reversed second-degree murder conviction. Arguments for reversal: 1. Grand theft / fraud not inherently dangerous 2. Not included in enumerated felony murder crimes 3. Lacked malice Arguments for conviction: 1. Factual test (instead of the abstract applied by majority) 2. No miscarriage of justice since he could as easily have been tried for first-degree murder instead of felony murder.