Murder
These are the elements of negligent homicide
what is causing death + the failure to perceive a substantial risk of loss of life.
to be guilty of attempt, the defendant must take this
What is a substantial step toward completion of the crime
constructive possession requires the alleged possessor have these two things
what is power and dominion
the mens rea required for New York Criminal Trespass
what is knowledge/knowingly
For any self defence, the threat to the defendant must be what?
imminent
Murder is strict liability if it happens in the course of one of these
what is an enumerated felony for the felony murder rule
this is never a defence to statutory rape
mistake of age
knowledge of possession of an aggregate weight drug can be proven if the defendant knows these things
How much aggregate drug they possess and how much pure substance is in one dose of the aggregate drug
This case says that the intent to commit a felony must be formed prior to entering the area where the felony is committed to count for burglary
what is People v. Sparks
The merger doctrine prevents these crimes from being the predicate felony for the Felony Murder Rule
What is Assault, involuntary manslaughter, and negligent homicide
a reasonable provocation defense requires these four things
what is
1. the victim must provoke the defendant
2. the defendant must actually be provoked
3. the provocation must be reasonable - a reasonable person must also get so passionate that their reason is eclipsed
4. there must not be a cooling off period
For a vendor to be a conspirator, the prosecution must prove these 2 things
what is knowledge of illegal use of their goods or services and intent to further that crime
People v. Lauria
(pardon the bad phrasing)
the defendant must reasonably believe that the victim was not so intoxicated that they cannot legally give consent
operating a motor vehicle without consent requires the defendant take possession or control of this
what is any self propelled vehicle
These are the crimes that deadly self defence is permitted to prevent
what is Robbery, rape, arson, and kidnapping
the factual and abstract approach determine inherent dangerousness for what crime
what is the felony murder rule
An additional requirement for conduct found in the Wooten case
what is touching between customer and prostitute to prove prostitution
Possession of drugs requires the defendant know these 3 things
1. that they possess something
2. that the thing they possess is drugs
3. that those drugs are illegal (usually strict liability)
This is what counts as a room in the Sparks case
anywhere where the inhabitant would expect greater privacy and security inside than they would outside
A doctrine that allows a defendant to be found guilty if they have committed a crime under the facts as the defendant believed them to be
what is the impossibility doctrine?
An additional requirement for negligent Homicide other than negligent mens rea and conduct that grossly deviates from the standard of reasonable care
what is having serious blameworthiness/creating some of the risk
People v. Cabrera
This is the conduct needed to prove extortion
what is "transmitt[ing] in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another."
The intoxication standard determined in People v. Giardino
The person cannot exercise reasonable judgement:
These are the differences between common law burglary and California §459 burglary
Common law burglary must be at night and only a dwelling is acceptable.
Cal. § 459 burglary allows any building to be the target, a dwelling is not required. Furthermore, theft is enough to satisfy California burglary while common law burglary requires a felony
these are the seven exceptions to the American Bystander Rule
what is
1. creation of peril
2. special relationship (parent-child)
3. Contractual relationship (lifeguards)
4. Duty to Control
5. statutory duty
6. Voluntary assumption of care (resting on oars?)
7. Duty as a landowner