Mens Rea
What are specific and general?
What are actual cause and proximate (legal) cause?
The definition of murder
What is an unlawful killing with malice?
The elements of felony murder
What are an intentional or accidental killing, proximately caused, During the commission or attempted commission, of a serious or inherently dangerous felony?
The four categories of murder
First degree, second degree, voluntary manslaughter, involuntary manslaughter.
The four categories of mens rea.
What are Purpose, Knowledge, Recklessness, Negligence?
The three actual cause tests.
What are But for, substantial factor, and acceleration.
When someone is already dying but their death is sped up by another, the act of killing is treated as ______.
What are the "right type" of felonies that satisfy the independent and inherently dangerous requirement of felony murder.
This category requires Premeditation and Deliberation
First degree (in majority and at common law)
Specific Intent is nullified by these two situations.
What are an honest but unreasonable mistake of fact and/or voluntary intoxication
Proximate cause can be broken by this type of event.
What is a superseding event, which is one that is unforeseeable.
Most states have eliminated this rule or extended the time period by another year, whereas at common law it was a strict rule that described when a death became unforeseeable.
What is the year-and-a-day rule
In this jurisdiction felonies must be dangerous to human life in all scenarios to be counted for felony murder.
What is Abstract? (the majority)
The difference between common law and modern majority premeditation.
Acts done purposefully or knowingly with moral turpitude
A Defendant sees a victim on an ocean pier and shoots at him. The victim dives down into the water to avoid the gunshots, is taken by a current, and drowns. The drowning was _________ and proximate cause ______.
What is a foreseeable event that does not break proximate cuase.
These four circumstances are when a defendant does not have to be personally liable for a killing to be held responsible.
What are Accomplice, co-felon, conspiracy, and substantial factor?
The minority position of what felonies consist of the right type of felony for felony murder.
What is Context Jurisdiction? The context of the commission in this particular situation was inherently dangerous.
Adequate provocation requires this in a voluntary manslaughter/heat of passion case.
Proving that the act that caused a criminal result was set in motion by the requisite criminal state of mind fulfills this requirement of prosecution
What is Concurrence?
Requirements of Proximate Cause
The resultant harm is within the risk created by the defendant's conduct in crimes involving negligence or recklessness, or sufficiently similar to that intended in crimes requiring intent.
Malice is established by:
What are an intent to kill, an intent to cause serious bodily harm, depraved-heart murder, and felony murder?
Modern Majority Agency Rule
What is that co-felons are responsible only for killings committed by their fellow co-felons, not for simply any death that may occur during the felony.
These mitigating circumstances can strip malice from murder.
What is diminished mental capacity (in a minority) and imperfect self-defense (in many states)?