The Minority Report
What is premeditation?
This crime is found when there is an unlawful, unwanted sexual intercourse with a person against their will by force or threat.
What is Forcible Rape (or just Rape, since all rape is forced)?
The intention of committing a felony is used as a substituted mens rea for a killing that happens during the commission of a felony in order to get a defendant for felony murder because of this reasoning.
What is that you elect to commit a felony, especially an inherently dangerous felony which has foreseeable possible consequences (like murder), and therefore the felon knew of the risks they were taking and showed that they could form the appropriate intent to commit murder?
This crime is found if the elements of premeditated, unlawful killing of another human with malice forethought, are shown through evidence
What is First Degree Murder?
Death Penalty advocates argue that justice demands the death penalty in some cases, as the crimes committed were so egregious that the only way to make up for them is to take the actor's life, following the reasoning of this philosopher.
Immanuel Kant's retributivist, "eye for an eye" philosophy.
This defense to first degree murder is similar to insanity but, as stated by the majority jurisdictions as the main reason why they won't apply it, claims that the defendant is only mentally ill enough to be incapable of premeditation, and can still be found guilty of second degree murder.
Diminished Capacity Defense
This crime is found when there is reckless behavior on the defendant's part with a subjective appreciation of the risk, which is a high risk of death or serious injury, and though the defendant doesn't want to cause the death of someone, they continue to act anyway.
What is Depraved Heart (AKA second degree) Murder?
The traditional viewpoint(and the Model Penal Code) use this justification to support a claim of right defense against robbery
What is that the defendant cannot form the specific intent for robbery if the defendant believed the property they were taking was their own, or if even unreasonably/mistakenly believed they had a claim of right to the property?
This crime is found when there is a trespasser taking and carrying away of the valuable personal property of another with intent to deprive another of the personal entitlement possession of the property.
What is Larceny?
This exemption, which still exists in some states in a watered down form, only punishes one's partner if they commit a less serious sexual offense against the victim.
What is the Marital Exemption?
What is consent?
This key difference separates False Pretenses from Larceny by Trick
What is Larceny by trick only gives the defendant possession of the property, while False Pretenses gives the defendant the title to the property, and therefore ownership of the property?
Most courts require that the defendant had a reasonable and honest fear of attack before using self-defense in order to enforce this
What is conventional expectations of reasonable behavior?
This crime is found when there is a deliberate unlawful killing of a human, whose intent is partially mitigated by provocation on the part of the victim and/or a third party.
What is Voluntary Manslaughter?
These are the five principle criticism of the death penalty
1) Too severe/harsh for the crime, 2) Racist, 3) Classist, 4) High error rate, 5) More expensive than imprisoning someone for life
As the Anderson court found, and what the minority of courts apply, premeditation is lacking when the method of killing is done in what kind of manner?
Rapid and Repetitious manner (in Anderson, the court said that the rapid and repeated stab wounds on the victim's body was insufficient to show premeditation for the defendant's intent to kill)
Even if you break and enter the dwelling of another person with the intent to commit a felony (like larceny) within, you do not commit the crime of burglary unless this condition is met.
What is it happens at nighttime?
Courts are more likely to accept this defense in a case of larceny by stealth as opposed to a violent confrontation like robbery, maybe because of the nature of the underlying felony?
What is a Claim of Right defense?
Mislaid property, an extension of larceny, overlaps with the former crime in all of its elements but with this addition. (Can list all of the elements for Larceny and Mislaid Property, or only guess Mislaid Property's additional element)
What are the Larceny elements: Trespassory taking and carrying away of the personal property of another person with the intent to permanently deprive ht other person of that property and What is the Mislaid Property element: D has a clue at time of the taking which suggests that the owner of the property could be reasonably found.
These are specific deterrents, that affect the individual who committed the crime more so than the members of general society
What are rehabilitation, incarceration, and retribution?
Agency jurisdictions (only applies to co-felon's actions)
Proximity Jurisdictions (applies to co-felon's and third party's actions)
What is Mistaken Delivery?
This still-influential viewpoint is why men can get away with first degree murder and only be found for depraved heart murder. The passion behind seeing one's wife with another, because she is viewed as this, is enough of a reason to decrease the offense from first to second degree murder.
What is that women are men's property?
What are the property was received, concealed, or withheld by the accused, such property had been stolen, and the accused knew the property had been stolen?
These are the 5 justifications for why society punishes criminals
What are Restrain, Reform, General Deterrence, Retribution, Morals?