Homicides :3
What differentiates murder from manslaughter?
malice
Mistake of Fact: CL vs. MPC
CL: A good faith belief [even if unreasonable] invalidates intent for specific intent crimes, but cannot be so unreasonable as to question good faith
MPC: Can be a defense if it negates the PKRN
Battered Spouse Syndrome Factors
Real or apparent imminence
Abuse over a long time
Complete control
General Deterence
Punishment of an individual with intent to deter others from commiting that crime
Define:
Abstract & Facts of the case
Abstract:
Approach where court looks to the elements of the felony in the abstract: could the felony be commited & not cause murder?
Facts of the Case:
If death is at all foreseeable from commiting this crime, it consititutes predicate felony
(i) if the element involves conduct/ result, the actor's conscious objective was to engage in conduct of that nature or to cause that harm
(ii) if the element contains an attendant circumstance, actor is aware of the circumstance, or believes/ hopes it exists
List and define the CL proximate cause doctrines that could supersede causation (failure of proof)
Apparent Safety--decedent made it to a point of safety, but returned to the harm
Free, Deliberate, and Informed [of risks]--decedent's death resulted from their own choices, made on purpose, with awareness of the danger.
Complications from Overbreadth
(1) Innocent people can be charged
(2) Selective enforcement
What are the mental elements needed for CL 1st degree murda
intentional/ willful
Premeditation
Deliberation
Mistake of Law: Common Law v. MPC
Common Law: Understanding a law and following it, but the law is incorrect in itself
MPC: Same as CL, but adds that the law must be determined to be invalid or eroneous
What are the limitations to self defense? AKA exceptions where SD may not be raised
1. Escape danger & return ("safe haven")
2. Deliberately go where your presence will cause trouble ("deliberate provocation")
3. Disproportionate (deadly vs. nondeadly)
4. Where aggressor communicates intent to withdraw, & does so in good faith
Transactional Immunity
What are the elements for the provocation doctrine? (CL)
(1) adequate provocation
(2) killing done in heat of passion
(3) without opportunity to cool
(4) causal connection b/w provocation, passion, and the act
If Defendant's mistake of fact shows he meant to commit a lower crime than he commited, this is sufficient intent to charge him with the higher crime asosciated with his actus reus
How does MPC handle mistaken belief regarding deadly self defense?
How does Common Law handle mistaken belief regarding deadly self defense?
MPC: If the mistaken belief was negligent/recklessly formed, D is guilty of negligent/reckless murder
If the mistaken belief was purposely or knowingly formed, D is absolved of any charges
CL: If the mistaken belief is unreasonable, D is guilty of murder
If the mistaken belief is unreasonable but genuine, D is guilty of voluntary manslaughter
If the mistaken belief is reasonable and genuine, D is absolved of any charges
List all of the instances in which an MPC court MUST find attempt (substantial step)
(2) Enticing contemplated victim to go to place contemplated for crime's commission
(3) reconnoitering
(4) unlawful entry of place where it is contemplated crime will be commited
(5)possession of materials for the crime, specially designed for unlawful use or which serve no lawful purpose for actor under circumstances
(6) posession of materials to be used for the crime at or near the place of the crime's comission, where such materials serve no lawful purpose
Death by Nonfelon: (1) Name and define approaches to liability. (2) Name and define exceptions.
(1) agency--> follow the bullet: Felony murder rule does not apply if the person who caused the death is a nonfelon; prox cause--> foreseeable: felon is liable only if he set in motion the events that led to the killing
(2) human shield: killing results bc u used someone as human shield; provocative act: felon provokes killing by acting in way that makes death likely
When does willful blindness constitute actual knowledge? (MPC)
(1) D subjectively believes there's a high probability a fact exists
(2) D takes deliberate actions to avoid learning that fact
Under what circumstances can a court order the forcing of medication to an individual on trial?
(1)treatment is medically appropriate; (2) substantially unlikely to have side effects to undermine the fairness of the trial (3) significantly necesary to further the trial
What's purpose of public welfare statutes? 3 prongz
(1) regulate dangerous prodicts or obnoxious waste materials
(2) heighten the duty of those in control of particular industries that affect public health, safety, or welfare
(3) depend on no mental element, consisting only of forbidden acts or omissions
[Strict liability for these]