Checklist Flashcards
What are the important questions to ask if a homicide has been committed?
- homicide?
- malice?
What are the crimes against persons?
(FI)B MARK
- FI
- Assault
- Battery
- Mayhem
- Kidnapping
Three major ways a homicide can occur?
- defendant’s act
- third party’s act
- defendant’s omission to act
If a homicide has occurred as a result of the defendant’s act, what is the next question?
Causation
If a homicide has occurred as a result of the act of a third-party, what is the next question?
If there is vicarious liability to make defendant responsible
If a homicide results from the defendant’s omission to act, what is the next question?
If the defendant had a duty to act
If a homicide has been committed, what must be considered for malice?
- intent to kill, intent to seriously injure, wanton and willful disregard for human life, felony murder rule application
If the felony murder rule applies to a homicide, what are the next two questions to ask?
- was the crime an inherently dangerous felony?
- did the homicide occur during the perpetration of the felony?
What is the first question to ask yourself when considering a criminal law question?
Who or what is being targeted?
If there has been a death, what are the three different ways that the defendant could be responsible for it?
- D’s own act
- third party’s act
- D’s omission
If The defendant’s own act was the reason for a homicide, what must you discuss on an essay?
Causation
If a third party’s act is what caused a homicide, what must you discuss on an essay?
Vicarious liability
If the D’s omission caused a homicide, what must you discuss on an essay?
Whether he had a duty
After determining whether defendant was responsible for a homicide, what must you next discuss?
If he acted with malice
If the D’s act made him responsible for a homicide, and he acted with malice, then what is he guilty of?
Murder
If felony murder is at issue, what are the two things that have to be discussed?
- Was crime an inherently dangerous felony?
- did homicide happen during the perpetration of the felony?
If you know there has been a murder, what are the three categories of exceptions to murder?
- justification
- excuse
- mitigation
If a justification for murder can be proven, what does that do to liability?
Takes the murder to no crime
If an excuse for murder can be proven, what does that do to the murder?
It takes the murder to no crime
If mitigation can be proven for a murder, what does that do to liability?
It turns the murder into voluntary manslaughter
What are the three possible justifications to murder?
- V was involved in the Commission of a crime
- self defense/defense of others
- reasonable and good faith mistake
What are the two different ways that a victim could be involved in the commission of a crime, and the defendant would be justified to commit murder?
- crime prevention
- apprehension of a fleeing felon
What are the three possible excuses to murder?
- youth
- insanity
- involuntary intoxication
How can you prove mitigation of murder for manslaughter?
- provocation
- coercion/necessity
- unreasonable and good faith mistake
If a homicide has been committed, but there is no malice, what are the two questions you must ask?
- did defendant act with criminal negligence?
- does a misdemeanor manslaughter rule apply?
If a homicide was committed without malice, what is the crime?
Involuntary manslaughter