Chapter 3 Terms Flashcards
What is transferred intent?
When someone tried to shoot someone but shot someone else not involved in the scene.
Concurrence
Act + Intent to commit a crime
(Crim. negligence + possession can replace intent)
Causation
Relationship between conduct/action and result
Can lead to criminal liability
Corpus Delicti
“total body of the crime”
existence of a crime committed before prosecuting someone
Proximate Cause
Act/omission linked to injury + damage contributions
Intent
Mental resolve to do an act
What are the 3 types of intent?
General, Specific, and Transferred/Constructive
Actus Reus
“the act” (Act, ommision, possession)
Mens rea
guilty mind + purpose that is wrong
Motive
Desire that causes someone to do an act
Omission
Failure to do an act required by law
Omission
Failure to do an act required by law
Perpetrator
Person responsible
Prima facie
Valid on its face; “first face”
Principal
Anyone involved in initial commission of a crime
Accomplice
Someone who aids Principal in commiting a crime
Accessory
Aiding + concealing a felon after the crime
Attributed Liability
connecting criminal liability to someone in a murder case
What are the 3 ways to attribute liability in a homicide?
Felony Murder Rule, Vicarious Liability Doctrine, + Provocative Act Liability
The Felony Murder Rule
If homicide happens during a commission/attempt to do serious felonies -> everyone has 1st-degree murder; it doesn’t matter if intentional or not
Vicarious Liability
Holding everyone liability in a collective activity
If one someone pulls the trigger in a planned murder-> all of them are guilty of murder
Provocative Act Liability
Someone commits an act -> provokes someone else into killing someone else
If someone who did the provocative act gets killed -> rest of guilt is not guilty of murder
If bystander/accomplice killed -> whole group is guilty of murder
Criminal Negligence
wanton or conscious disregard for the safety of others
willful indifference
Malice
Wrongful act done intentionally w/o excuse + justification
Express Malice (PC 188)
Deliberate intention to kill another person
Implied Malice (PC 188)
Killing shows an abandoned heart
Disregard for other’s safety
