MURDER!!
One whose conduct brings about an unintended death in the commission of a felony
Felony Murder
Reckless killing of a human being--- knowing that conduct could lead to death but choosing to proceed anyway.
Involuntary Manslaughter
Accomplice Liability
An accomplice intentionally encourages or assists in the commission of a crime.
Guilty if (a) intends to assist another in committing a crime and (b) does in fact assist person with crime
Jake walks into his girlfriends apartment. He finds a bulk pack of 18 pregnancy tests--all used and negative. He knows he hasn't slept with her in months. He doesn't say anything about the tests to his girlfriend, but stews over the discovery for several days. He goes to Walmart, buys rat poison, and puts it in his girlfriend's dinner. She dies. What should Jake be charged with?
First degree murder
True/False: All Homicides are Murder
False
killing brought about by recklessness so extreme that we consider it to be murder
Depraved Heart Murder
the killing of a human being by another human being
Homicide
Elements of Burglary
Breaking
And entering
Dwelling house
Of another
In the nighttime
With the intent to commit a felony therein
True/False: Under common law, the defendant or accomplice has to cause the death for there to be a felony murder
False
Maddie is peacefully sleeping in her bed at Prison around 11pm. A fellow classmate, Stalkerazzi, knows Maddie has a pink couch cover and wants it for herself. Stalkerazzi picks Maddie's lock, walks in, and pulls the couch cover off Maddie's couch. Maddie wakes up and investigates. Maddie finds her classmate with the couch cover and panics. Stalkerazzi sees Maddie's ring, finds it pretty, and demands she hand it over. Maddie, who is afraid because she knows this classmate is insane, hands the ring over. Stalkerazzi leaves with the couch cover and the ring. What should she be charged with?
Burglary
Robbery of the ring
**Nothing--it is a CAPS issue
Common Law Murder
The killing
Of a human being
With malice aforethought
Intentional killing of a human being, but the killing was the result of a sudden heat of passion brought on by adequate provocation
Voluntary Manslaughter
Elements of Larceny (6)
Trespassory
Taking and
Carrying away of the
Personal property
Of another
With the intent to steal it / deprive the owner of the property
Elements of Robbery
(1) Trespassory (2) taking and (3) carrying away of the (4) personal property (5) of another (6) with the intent to steal it
AND
(7) that the property be taken from the person or immediate presence of the owner AND
(8) that the taking be accomplished by means of force or fear.
True/False: Mistake of Law is a good defense
False
Three types of Second Degree Murder
1. Intent to Kill
2. Intent to cause serious bodily injury
3. Depraved Heart
Lauren is dancing at JBA with a super hot 38 year old. Another man, who sometimes likes to talk about weather, approaches. He is distraught that Lauren is talking to a super hot man. He picks up a bottle of Jack Daniels and hits the 38 year old in the head. Because he isn't as young as he once was, the 38 year old goes down. He is rushed to the hospital, but succumbs to his injuries. What would weather boy most likely be charged with? Is there an alternative charge that may be possible?
second degree murder
Involuntary
Elements of Embezzlement
the fraudulent
conversion of
the property
of another
by one who is already in lawful possession of it (been entrusted with the property)
Charlotte was cheating on her boyfriend, Jake. One day Jake walked into Charlotte's apartment while she is in bed with her new boy toy, Ethaniel. Distraught and angry, Jake immediately pulls out the Glock he keeps in his pants pocket and shoots Charlotte. She dies. What could Jake be charged with?
Voluntary Manslaughter
Maddie was at Sea World to see an Orca, her favorite animal, when a man named John runs up behind her and pulls at her purse. She holds clutch to her bag, but it is snatched away. As John runs away with the bag, he trips over a stroller, crashing into a 38 year old man, his twin children, and their super hot stepmom. The 38 year old man falls, hits his head on the concrete, and dies. What should John be charged with?
Robbery of Maddie's bag
Felony Murder of Daddy
What is First Degree Murder?
Intent to kill murder in which there is premeditation
MPC Manslaughter
Recklessly causes death; OR
Homicide committed under extreme mental or emotional disturbance in which there is a reasonable explanation or excuse
Elements of False Pretense
a false representation of material present or past fact
which causes the victim
to pass title to
his property to the wrongdoer,
who
knows his representation to be false and
intends to thereby defraud the victim
Danielle works at Taco Mac. Her job responsibilities include putting together the brisket tacos. She starts putting the brisket tacos together at Taco Mac and then selling them to people out back for a reduced price. She pockets all of the money she makes from selling them. Her coworkers, Maddie and Lauren, discover her side hustle and threaten to report her. Days later, as Danielle is driving down the road, she sees Maddie and Lauren on a walk. In a split second decision, she swerves her car toward them, intending to clip them with her car. She underestimated how hard she turned the wheel, and ran them over, causing death. What charges should the prosecution consider? List any you think would be possible
**lets talk about it
Embezzlement-for the tacos
Second degree murder-intent to cause serious bodily harm
Second degree-depraved heart
Involuntary Manslaughter
Marissa sees Eva's phone sitting on a table in a study room in the student lounge. Her friend, Danielle, is standing beside her. Marissa tells Danielle to be a lookout, and Danielle agrees. Marissa slides the phone off the table and puts it into her bag. As the two are walking away, Danielle runs into the glass door, resulting in constitutionally cognizable injuries. She dies. What can Marissa be charged with?
If Danielle had survived these devastating injuries, what could she have been charged with?
Marissa: Larceny and Felony Murder
Danielle: Larceny due to Accomplice Liability