Homicide
Under common law, murder is the unlawful killing of a human being with this required mental state.
What is malice aforethought?
This allows a murder conviction when a death occurs during the commission of a felony, even without attempt to kill.
What is felony murder?
At CL, burglary requires breaking and entering the dwelling of another at night w/ intent to commit this offense.
What is a felony?
Under the MPC, this is the actus reus required.
What is a substantial step?
Rejecting premeditation being instantaneous and instead requiring some opportunity for reflection.
What is State v. Guthrie?
The two categories of malice are ....
What are express malice and implied malice?
Under the Common Law, this prevents assaultive felonies from serving as the predicate felony.
What is the merger doctrine/independent felony limitation?
When larceny is committed with force or intimidation from the victim's person or in their immediate presence.
What is robbery?
Generally, it is not a defense when criminal's objective is clear ... but there are circumstances prevent completion.
What is factual impossibility?
Rejecting accomplice liability based on mere presence and "guilt by association."
What is State v. V.T.?
When a killing is intentional but there it is done in the heat of passion after adequate provocation.
What is voluntary manslaughter?
Two main approaches for determining whether something is inherently dangerous.
What are the "in the abstract" and the "manner of commission" approach?
Distinction between obtaining title and possession through deception.
What is larceny by trick and false pretenses?
Doctrine under which a conspirator is liable for reasonably foreseeable crimes committed by co-conspirators in furtherance of the conspiracy.
What is Pinkerton liability?
Finding that assaultive crimes cannot serve as the predicate for felony murder.
What is People v. Chun?
The doctrine can reduce murder to manslaughter where the D unreasonably believed deadly force was necessary.
What is imperfect self-defense?
A felon may be liable even when the fatal act is committed by a third party, if it is foreseeable result of the felony.
What is the proximate cause theory?
While minor, this satisfies the actus reus requirement for larceny
What is asportation?
Defense where the defendant believes he is doing something criminal, but it is legal.
What is pure legal impossibility?
Holding that there must be advanced knowledge with the opportunity to withdraw for inchoate crimes.
What is Rosemond v. United States?
In an MPC state, homicide can be mitigated if committed under the influence of this.
What is extreme mental or emotional disturbance? (EED)
There is a circuit split on this issue of whether the killing is committed by the D or a co-felon.
What is the agency theory?
Under common law burglary, the intent to commit the felony must exist at this precise moment.
What is the moment of entry?
Split between the circuits on what is required for an agreement under conspiracy
Rejecting a felony-murder conviction for a homicide that was committed after arrested and by a police officer.
What is State v. Sophophone?