Cases
People v. Perez
D killed a woman in her home, victim was stabbed 38 times. D sought another knife after he broke the first one.
"The extent of reflection, rather than the amount of time, should be the determining test" for Premeditated and Deliberation.
The MPC Elements of Burglary (Simplified)
What are...
1. entering
2. building or occupied structure
3. with purpose to commit a crime therein
The 4 types of Malice
What are...
1. intent to kill
2. intent to inflict GBH
3. Acting with a depraved <3
4. felony murder
Elements of Attempt
1. with specific intent to commit the crime
2. performs an act beyond mere preparation towards it commission
Attempted Battery
What is...
The defendant must (a) specifically intend to commit a battery, and (b) perform an act beyond mere preparation
State v. Guebara
D and his wife were going through a divorce; when she served him, he shot her to death but turned himself in.
Getting served with papers is not legally adequate provocation.
Burglary Elements (CL)
What are...
1. breaking
2. entering
3. dwelling of another
4. during the nighttime
5. with intent to commit a felony therein
Mitigation of WDP Murder
What are...
1. 1st Degree/Intent to Kill w/ WDP
2. 2nd Degree/Intent to kill w/o DP or Intent to cause GBH
3. HOP Manslaughter or Unreasonable Belief SD
2 tests to determine "beyond mere preparation"?
What are...
1. the substantial step test (MPC)
2. the dangerous proximity to success test (CL)
State v. Jimerson
The D attempted to use his car as a deadly weapon to threaten some off-duty police officers
What is Moffett v. State?
Murder Elements
What are...
1. killing
2. a human being
3. with malice aforethought
Cases you could discuss under legally adequate provocation element
What are...
1. Guebara
2. Chevalier
3. Troila
2 defenses to Attempt
What are...
1. abandonment
2. legal impossibility
Battery
the unlawful application of force to the person of another
The defendant helped the murderer escape after he shot and wounded a man. She technically gave aid before the murder was committed, and the court reversed the decision. This case illustrates the minority rule.
What is State v. Williams?
Parties to a Crime
What are...
1. have to have knowledge of the perpetrator's criminal purpose
2. with that knowledge, aid, promote, or instigate the commission of the crime
3. actual assistance in the criminal enterprise
Definition of Deliberate
What is...
"formed or arrived at or determined upon as a result of careful thought, plus weighing of considerations for an against the proposed course of action"
Elements of Solicitation
What are...
1. with the specific intent that a crime be committed,
2. commands, encourages, or requests another to commit it
Factors that aggravate assault or battery (statutory felony)
What are...
1. a more culpable state of mine
2. an especially threatening means
3. a particularly serious result
The defendants were inmates at a correctional facility and conspired to attack a guard and take control of the prison; the escape was unsuccessful.
What is State v. Hanks?
Conspiracy Elements
What are...
1. an agreement
2. to commit a crime
*3. an over act toward the commission of the crime (some jurisdictions require this third element...majority rule)
When a reasonable person would foresee a high degree of risk of death or great bodily harm, or when the defendant actually knew his conduct created such a risk
What is Criminally Negligent Homicide?
State v. Blechman
defendant counseled another to set fire to a dwelling house; gives definition of solicitation
Apprehension of Imminent Battery
The defendant must (a) intend to cause and (b) cause apprehension of receiver an immediate battery