Chapters 1/2
Tort
Evil act.
Actus Reus
Perfect defense?
Acquittal
2 types of liability for someone else’s criminal acts
Complicity
Vicarious liability
Killing another human being
Homicide
The majority can do anything.
Pure democracy
Only voluntary acts qualify as a criminal act.
Bodily movement and free will
A legal concept, not a medical term
Insanity
2 elements to criminal attempt?
1. Intent or purpose to commit a specific crime
2. An act or acts to carry out the intent
Original mental state of intentional killing
Malice aforethought
Defendant was convicted of violating a city
ordinance that prohibited any person from
committing any indecent, immodest or filthy act
in the presence of any person.
State vs. Metzger
All crimes (except strict liability crimes) require
concurrence.
Principle of Concurrence
3 types of defenses?
Alibi
Justification
Excuse
2 types of attempt statutes
General attempt statute
Specific attempt statute
All deaths caused by intentional killings that are not premeditated, justified, or excused
Second degree murder
How do we determine whether a law violations
Equal Protection?
Strict Scrutiny
Heightened Scrutiny (intermediate)
Rational Basis
2 types of intervening causes?
Coincidental intervening acts
Responsive intervening acts
An excuse that argues government agents got
people to commit crimes they wouldn’t otherwise
commit.
Entrapment
The defense that what the
actor attempted was not a crime
Legal impossibility
Unintentional deaths that occur
during the commission of some felonies.
Felony murder
4 kinds of prevention?
General Deterrence
Special deterrence
Incapacitation
Rehabilitation
In order to prove causation, prosecutor must
prove
Factual causation (but for)
Proximate causation
Self defense is only good when three circumstances come together:
Necessity is great
It exists right now
It is for prevention only.
4 parties to a crime
1. Principals in the first degree
2. Principals in the second degree
3. Accessories before the fact
4. Accessories after the fact
3 Types of Homicide
Justifiable homicide
Excusable homicide
Criminal homicide