Murder
What two requirements does the 1st degree have that the 2nd degree does not?
What is.. premeditation and deliberation
Malice in manslaughter defined...
What is... No malice; the conduct is criminally negligent but not reckless enough to be treated as murder.
Causation asks
Was the defendant both the actual and proximate cause?
Enumerated felonies are inherently dangerous; they include
What is ... robbery, burglary, arson, rape, and kidnapping?
public welfare offenses
not strict liability
Five mental states in criminal law
what are...
Intentional
Purposeful
Knowledge
Recklessness
Negligence
definition of accomplice doctrine
What is.... a person is criminally responsible for a crime committed by another person if they intentionally assist, encourage, advise, or aid in its commission.
THE KEY IN BOTH COMMON LAW AND MPC FOR PROVOVATION DEFENSE?
WHAT IS ... REASONABLENESS
COMMON LAW: A reasonable person in the defendant’s situation would have been provoked to act in the heat of passion.
Model Penal Code = also requires finding if the defendant’s explanation for mental or emotional disturbance is a reasonable
Larceny is ____ intent.
What is... SPECIFIC INTENT (w/ intent to permanently deprive)
Brought by Private parties
What is.. Civil Law
“Wink of an eye doctrine”
what is... the idea that the length of time it takes to blink is enough time for premeditation
Depraved heart murder requires ___
What is ... a conscious disregard of a substantial and unjustifiable risk to human life.
When the defendant is the only factual cause, a proximate cause is ____
What is.... the defendant
if the defendant is the only factual cause, the defendant will be the proximate cause as well
If charging 2nd degree felony murder the felony must be non-enumerated and...
What is ... inherently dangerous to human life
Positive aggressions
what is.. strict liability
MENS REA for Solicitation
WHAT IS... SPECIFIC INTENT THAT SOLICITED THE PARTY TO COMMIT THE CRIME
Mens rea accomplice? (hint* two part test)
What is ...
Under certain circumstances, a mistake of fact may negate the mental element (mens rea) of an offense. For a strict liability offense, how does this apply?
What is... There is no mens rea requirement for strict liability crimes, so mistakes of fact are irrelevant.
Premeditated murder is ____ intent
What is ... specific intent (w/ intent to kill)
brought by the government
what is criminal law
deliberation
What is... thought about the killing with a cool, calm, rational mind (carefully weighing out the plan)
Three types of malice in murder ...
What is... Intent to kill, intent to cause serious bodily injury, depraved heart.
When an intervening act is dependent
What is.... defendant is proximate cause unless intervening act extremely unusual/bizarre
If the underlying felony is not enumerated and not inherently dangerous, what happens?
What is no charge of felony murder
common law offenses such as those against the state, the person, property, or public morals
MENS REA FOR ATTEMPTS...?
WHAT IS... THE SPECIFIC INTENT TO COMMIT THE CRIME (EVEN IF IT IS NOT A SPECIFIC INTENT CRIME)
California Modern rule for felony murder accomplice requires prosecution to prove...
What is..
The Enmund-Tyson Test:**The two-part standard (major participant + reckless indifference) for establishing high culpability in an accomplice.
They were a major participant in the underlying felony.
They acted with reckless indifference to human life.
When is a mistake of law an applicable defense?
What is... never
Simple battery is ____ intent
What is ... general intent
Hung jury =
what is... mistrial & can be retried with a new jury if the judge allows
Premeditation defined...
What is... time—even very short—prior to the act to think about killing.
Implied malice defined (Depraved heart)
What is...extreme indifference to human life—e.g., firing into a crowded room without targeting someone specific.
What are the two types of causation?
What are ...actual cause and proximate cause
What are the two requirements of Res Gestae in Felony Murder?
What is.. DURING THE FELONY, the death must occur during the felony, not before or after, and there must be a CAUSAL LINK; only a death causally related to the felony can trigger the rule
invasions
what is... strict liability
ACTUS REUS FOR ATTEMPTS UNDER MPC AND COMMON LAW...
WHAT IS ... MORE THAN MERE PREPARATION
MPC: SUBSTANTIAL STEP
COMMON LAW: DANGEROUS PROXIMITY
actus reus accomplice?
What is ... the act of assistance, aiding, encouraging, some action that promotes or helps accomplish the crime, some voluntary
Common law self-defense vs. Modern Majority Rule vs Model penal code
what is...
Common law = duty to retreat, cannot be the initial aggressor, not applicable to defending against a crime
Modern majority rule = no duty to retreat, cannot be initial aggresssor
MPC = duty to retreat (but not in home), cannot be initial aggressor, allowed to defend against kidnapping or rape
For general intent crimes, in order for a mistake of fact to negate the mens rea, the mistake must be....?
What is... both honest and reasonable
Right to counsel
what is ... criminal law
Implied malice defined
What is... Implied malice (serious bodily injury): intent to cause grave harm where death is a likely outcome.
(involuntary manslaughter) Should have known of...
What is... the substantial and unjustifiable risk to human life
How to determine actual cause?
Agency in Felony Murder?
What is... the person who does the killing has to be a defendant or a codefendant
natures of neglect
what is.. not strict liability
ACTUS REUS for Solicitation
WHAT IS.. ASKING INVITING, REQUESTING, OR ENCOURAGING THE SOLICITED PARTY TO COMMIT THE CRIME
Accomplice liability + Felony Murder rule = ?
What is... First degree murder
When is consent to be killed recognized in criminal law?
What is.. Consent to be killed is not recognized in criminal law and does not absolve the defendant’s liability.
Burglary is ____ intent
What is.. specific intent (w/ intent to commit a felony)
discourages the same individual from reoffending
what is... specific deterrence
Express malice defined?
What is...the deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof.
Gross negligence applies to this murder doctrine...
What is... involuntary manslaughter
Define intervening cause
What is... “an act or events that come after the defendant’s act, but before the social harm, and also contribute causally to the social harm.”
Meaning of Merger in Felony Murder?
THE UNDERLYING FELONY CANNOT BE ASSAULT OR ASSAULTIVE IN NATURE
THE MURDER CHARGES MERGE WITH THE HOMICIDE OFFENSE
STRICT LIABILITY AS AN EXCEPTION TO ____ RULE
What is... Exception to the general rule that every crime requires a mens rea = Strict Liability.
language for specific intent crimes includes..
What is... Language (“with the intent to... or for the purpose of...or with the knowledge that...) = a specific intent crime.
MENS REA - Conspiracy
WHAT IS... THE SPECIFIC INTENT TO AGREE + THE INTENT TO COMMIT THE TARGET OFFENSE
Self Defense Rule?
What is...
Defendant must have an honest and reasonable belief of
unlawful and imminent threat of force against the defendant's person.
Force used was necessary and proportionate.
For specific intent crimes, the mistake of fact must negate the mens rea and be...
What is...
and be honest
(in good faith), but need not be reasonable.
some offenders are too dangerous; they must be removed to protect society
what is... incapacitation
Mens rea for murder?
The mens rea of murder is malice, either expressed or implied.
Omissions can satisfy actus reus when there is ___
Court assess intervening causes in two ways..
what is...
assessed if the victim’s intervening act was inherent in the situation that the defendant’s behavior created
assessed if there were foreseeable dangerous consequences of the defendant’s behavior that the defendant should have known?
Elements of Felony Murder for a legal analysis?
What are..
Mens rea for Strict liability crimes
What is... No mens rea required, only need to prove the act was done
HOW TO DISTINGUIS BETWEEN GENERAL INTENT AND SPECIFIC INTENT CRIMES
WHAT IS..
General intent crimes: The defendant intended to perform the act in question.
Specific intent crimes: The defendant intended both the action and the result of the action.
ACTUS REUS...CONSPIRACY
WHAT IS.. AN AGREEMENT WHICH IS A "MEETING OF THE MINDS" BETWEEN THE GUILTY PARTIES + AN OVERT ACT TO CEMENT THE CONSPIRACY
MPC RULE FOR PROVOCATION TO LOWER A CHARGE FROM MURDER TO MANSLAUGHTER
WHAT IS... Murder to manslaughter when it is committed “under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse.”
Rape is ____ intent
defendant waives their right to a jury
what is... a bench trial
Actus Reus for all murders?
What is... the unlawful killing of another human being
Russian roulette (“Russian poker”): knowingly pulling the trigger of a revolver with one round loaded while pointing at someone (or oneself).This is an example of what doctrine of murder
what is... depraved heart
Saying a defendant's actions are the proximate cause is saying...
What is.... The result of the defendant’s actions was not so extraordinary, remote, or attenuated that it would be unfair to hold the defendant criminally responsible for it.
What are the 2 key considerations when assessing whether the death occurs during the commission of the felony?
What are TIME and DISTANCE
Natural and Probable Consequences Doctrine
WHAT IS...
Purpose or intent can be presumed where the natural and probable consequence of a wrongful act is to produce death, and such intent may be deduced from all of the surrounding circumstances.
Considers the weapon & the manner of inflicting the wound
Co-conspirator liable for crime another conspirator commits under what rule?
What is... the Pinkerton Rule
Which homicide crime can be defended by provocation?
what is.. voluntary manslaughter
Receiving stolen property is _____ intent
What is... specific intent (w/ knowledge that property is stolen)
discourages society from offending
what is ... general deterrence
Rule for all murders?
What is... the unlawful killing of a human being with malice aforethought, either express or implied.
Target practice in a forest where people hike; the shooter checks the area, believes no one is present, but a family enters a clearing and a person is killed. The shooter should have recognized a substantial and unjustifiable risk to human life, but the conduct lacks conscious disregard of known presence of people. This is an example of what murder doctrine
What is... involuntary manslaughter
How to break the causal chain of proximate cause?
What is.. Voluntary human intervention, free will, or when the victim reaches a place of safety and continues to subject themselves to danger, can break the causal chain (independent intervening acts)
Does the agency rule pertain to who is killed, who does the killing, or both?
Who is... the perpetrator of the fatal act, the person who does the killing
Reasonable person under the majority modern reasonable person test
Who is..
An ordinary person of average disposition
Can consider: age and gender
Cannot consider: temperament, intoxication, mental illness, psychological trauma etc
in furtherance of the conspiracy
within the scope of the conspiracy
a reasonably foreseeable consequence of the conspiracy
A killing that would be murder is mitigated to voluntary manslaughter if done under this type of provocation, which must be such that it would arouse sudden passion in a reasonable person.
Heat of Passion
Arson is ___ intent
What is... general intent
revenge/punishment; pain inflicted by the state is justified as a consequence for harm caused
what is.. retribution
Uses “Extreme Mental or Emotional Disturbance Standard
Highly subjective, considers personal trauma, mental illness, and unique experiences
What is... MPC test for provocation
What are two ways to prove causation in Felony Murder rule?
What is BUT FOR test and Direct causal link ~
This charge merges with conspiracy
what is.. solicitation
ACRONYM FOR SPECIFIC INTENT CRIMES
what is... BARRK