Criminal Homicide
In Guthrie (West Virginia), the court held that for a killing to be considered murder rather than manslaughter, the defendant must have this, even if only for a very brief moment.
What is some period of reflection or time to form thought (intent)?
This category of intent requires the defendant to intend the act, but not necessarily the result or a further purpose.
What is general intent?
Under the Model Penal Code, this term replaces "intent" and means the actor's "conscious object" is to engage in certain conduct or cause a particular result.
What is purposefully?
Under common law, this is the point at which preparation becomes punishable as an attempt — when the defendant’s acts come dangerously close to completing the crime.
What is the proximity test?
This theft crime requires the taking and carrying away of another’s personal property with the intent to permanently deprive them of it.
What is larceny?
Unlike first-degree murder, this category of murder includes intentional killings without premeditation or deliberation.
OR
Unintentional killings with depraved, malignant, abandoned heart
What is second-degree murder (common law)?
This type of intent requires not only doing the act, but doing it with the purpose of bringing about a specific result or with a further objective in mind.
What is specific intent crime?
Under the Model Penal Code, this is the mental state required when a person acts with a conscious objective to bring about a particular result—whereas under common law, it’s generally referred to simply as “intent.”
What is “purpose” (or “purposely”)?
Under the Model Penal Code, a person is guilty of attempt when they take a substantial step toward committing the offense that strongly corroborates their criminal purpose.
What is the substantial step test?
The key difference between larceny and embezzlement is that in embezzlement, the defendant had this at the time of the taking.
What is lawful possession?
After seeing an unfamiliar car parked in the driveway, Dan looks through the window outside and sees his spouse in bed with someone else. He calls his brother fuming for 5 minutes. Eventually, Dan gets off of the phone and enters the house where he catches his spouse in bed with another person. Dan immediately grabs a lamp and strikes the person repeatedly, killing them. Dan is charged with homicide. What is the most likely offense?
What is second-degree murder?
(Explanation: Adequate provocation was met, BUT generally, killing in the heat of passion requires NO APPRECIABLE amount of time in between mens rea and actus reus. Dan took 5 mins.)
List the required elements of a general intent crime and a specific intent crime, explaining how they differ in terms of what the prosecution must prove.
General Intent Crime:
The defendant committed the actus reus (voluntary act)
With a general awareness of acting in a prohibited way (does not require mens rea to cause a specific result)
Specific Intent Crime:
The defendant committed the actus reus
Mens Rea to achieve a particular result or intent to commit a further act
Under the MPC, omissions can lead to liability only when the defendant has a legal duty to act. Which of the following is not a recognized duty: Parent-child, Spouse-spouse, Friend-friend, or Statutory?
What is friend-friend?
This defense to attempt applies when the defendant voluntarily and completely renounces their criminal purpose before the crime is completed. The MPC recognizes it, but common law usually does not.
What is abandonment or renunciation?
To be guilty as an accomplice, a person must assist or encourage the principal with this mental state.
What is intent that the crime be committed?
Jess and Rob rob a gas station. Rob, who is unarmed, waits in the car. Jess accidentally shoots the clerk while fleeing. What is the most likely charge against Rob under the felony murder rule?
What is felony murder?
(Explanation: Accomplices in inherently dangerous felonies are liable for deaths caused during commission.)
Tina breaks into a warehouse thinking it’s abandoned. She has no plan to steal anything, but she just wants to explore. Later, she's charged with burglary. What element might the prosecution have difficulty proving?
What is specific intent to commit a felony inside?
(Explanation: Burglary requires specific intent to commit a felony once inside.)
The MPC eliminates this traditional distinction between types of murder in favor of a grading system based on mens rea and circumstances.
What is the distinction between first-degree and second-degree murder?
This inchoate offense occurs when two or more people agree to commit a crime and at least one performs an overt act in furtherance of that agreement.
What is conspiracy?
Joe agrees to act as a lookout for a burglary, but backs out the night before and tells the police. Can he still be held liable as an accomplice?
What is no?
(Explanation: Effective withdrawal requires timely communication and efforts to prevent the crime.)
!!! DAILY DOUBLE !!!
Nina, a daycare worker, forgets to check the school van during the summer and leaves a child inside for hours. The child dies of heat exposure. Nina did not intend harm but deviated grossly from standard care. What is/are the most appropriate homicide charge(s)? AND Why?
What is involuntary manslaughter or criminally negligent homicide?
(Explanation: Unintentional killing due to criminal negligence or recklessness.)
Mike punches someone at a bar during a fight. He didn’t intend serious injury, but the person suffers a concussion. Mike is charged with battery. What type of intent is required for this crime?
What is general intent?
(Explanation: Battery typically requires only intent to commit the act—not to cause a specific harm.)
Don fires a gun into a crowd, knowing it’s likely someone will be killed but not caring who. Under common law, this is often classified as "depraved heart" murder. What MPC term would best describe his mental state?
What is recklessly with extreme indifference to human life?
In this People v. Gentry, the defendant was convicted of attempted murder after spilling gasoline on his girlfriend during an argument. The gasoline ignited when she approached a stove, causing severe burns. On appeal, the court reversed the conviction. Why?
What is jury instructions failed to require SPECIFIC INTENT, which is essential for an attempt conviction.
During a robbery, a police officer accidentally shoots and kills a bystander while returning fire. The defendant is charged with felony murder. Under the majority rule, what doctrine may prevent liability, and why?
What is the Agency Approach, because the killing was not committed by the defendant or a co-felon?