Mens Rea
a) actual intention to do the particular harm that was done
b) recklessness as to whether the harm would occur or not
What is malice?
to show malice defendant must have a conscious disregard to human life
a contributing cause is an actual cause when demonstrated by acceleration if death already inevitable
A defendant is liable when there is a voluntary act or omission to act when physically capable
What is MPC 2.01?
The punishment was imposed for permissible purposes because it was coupled with other punishment
What is United States v. Gementera (2004)?
conscious objective or purpose is to accomplish that result
what is intent?
2nd degree murder
(no premeditation and deliberation, could be depraved heart)
involuntary manslaughter
(reckless [careless disregard] and negligent [should have known])
What is common law unintentional homicide?
actual result is different only in respect that a different person or property is injured or the injury designed would have been more serious
what is transfered intent under MPC 2.03(2)?
Criminal homicide: purposely, knowingly, recklessly, and negligently causes death of another human being
What is MPC 210.1?
A person must voluntarily commit the crime charged in order to be guilty of the crime
What is Martin v. State (1944)?
justice is served by punishing the defendant for a crime of the same seriousnessas the one he tried to commit
Recklessly - extreme indifference to human life
manslaugher reckless
negligent homicide
What are the unintentional homicides under MPC? (210.2, 210.3, 210.4)
1. Statute imposes a duty
2. status relationship
3. Contractual duty
4. Began rendering aid so secluded others from assisting
5. Causes the harm
What is an omission under common law?
Nature/Result --> conscious object to engage in conduct of that nature or to cause such a result
attendant --> aware of the existence of circumstances or believes/hopes they exist
What is MPC 2.02 purposely?
Voluntary induced unconsciousness, such as drunk or drugs, is not a defense
What is State v. Utter (1971)?
Nature of forbidden conduct
attendant circumstances (facts that must exist for there to be an offense)
result of the conduct
What is types of material elements under MPC 2.02?
Provocation must be adequate, done in the heat of passion, sudden, and a causal connection between provocation, passion, and fatal act
What are the rules of provocation for heat of passion?
no crime without law, no punishment without law
1. expressly made sufficient by the law defining the offense
2. duty to perform otherwise imposed by law
What is an omission under MPC 2.01(3)?
There is not always a legal obligation of care where the person is not legally recognized as a dependent
What is People v. Beardsley (1907)?
consciously disregards a substantial and unjustifiable risk ... its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe
What is recklessness under MPC 2.02?
spousal adultery, mutual combat, injury to family, illegal arrest, and assault on defendant
what are adequate provocation for heat of passion?
may be a defense if the mistake negates the ability to prove each element (lack of notice and reasonable reliance)
what is mistake of law and fact under MPC?
Negligent Homicide
What is MPC 210.4?
A person acts knowingly when they know the circumstances exist (actual knowledge)
What is People v. Nations (1984)?