General justifications of punishments/theories of punishment
The knowledge that punishment will follow crime
General Deterrence
Aware that a criminal act could happen from your conduct
What is Knowingly
The unlawful killing with malice aforethought
Engaging in behavior-conscious disregard for human life. Needs time to consider and be fully conscious of intent.
1st degree
Elements of Rape
1.) sexual intercourse
2.) by force or threat of force and against the will of the victim.
Duty to retreat, stand your ground, castle doctrine
self defense
temporarily putting convicted criminals out of general circulation
What is incapacitation?
Engaging with the intent to accomplish the criminal act
what is purposely
The unlawful killing with malice.
Implied or expressed malice. No cooldown time to rethink actions
2nd degree murder
Proportionality: Gravity of the offense v. the harshness of the punishment, cases in the same jdx, cases in other jdx.
Capital murder
Subjective- they actually believe they’re preventing the crime
Objective- reasonable belief
Defense of others
A person creates a substantial and unjustifiable risk of which they should be aware but not aware of the risk or result
the unlawful killing of another with provocation
Extreme emotional disturbance: Mutual combat, discovery of adultery, assault and battery, resistance to unlawful arrest, injury to third party.
voluntary manslaughter.
1. must involve the necessary and wanton infliction of pain
2. must not be grossly out of proportion to the severity of crime
Measuring Dignity
Coerced by human force.
1. An immediate threat of death or SBH: The threat must be present, immediate, or impending; not a veiled threat of future unspecified harm
2. Well-grounded fear that the threat will be carried out, and
3. No reasonable opportunity to escape the threatened harm.
US v. Contento-Pachon
Duress
The actual imposition of punishments creates fear in the offender of repeated punishments
What is Individual deterrence
You are aware of the risk, but not the outcome
What is Recklessly
Strict liability for an underlying crime that results in murder.
Felony murder
Types of force
2.) Sufficient evidence that the victim was reasonably in fear
3.) penetration is force when there is no consent
MPC- must actually believe conduct is necessary to avoid a greater evil; the balancing of evils is a matter for trial; not available is the legislature has already addressed the situation involved
Necessity
1.) Believes that justification lies in the useful purposes that punishment serves
2.) Claims that punishment is justified because people deserve it
1.) What is Utilitarian?
2.) What is Retributive?
1. Butterfly effect
2. intent for something to occur
3. If we omit your conduct would the injury occur
4. Is the conduct reasonably foreseeable
5. If you are in apparent safety and take additional steps to take you out of that safety, you are the cause.
6. When someone picks upon themselves to engage in additional conduct
The six factor proximate cause test
1.) de minimis contribution
2.) Intended-consequence doctrine
3.) omissions factor
4.) Responsive v. Coincidental
5.) Apparent-safety Doctrine
6.) Voluntary human intervention
No intention of death or great bodily harm, but it occurred in the commission of unlawful behavior
Involuntary Manslaughter
Denies a defendant in a sexual assault case the ability to cross-examine the complaint about her prior sexual conduct
Rape shield laws
Felony does not have to be inside house, but person must have intent to assault house
Intent to commit a violent felony
Defense of Habitation