Concord Rule Statements Flashcards
Murder:
Homicide with malice aforethought
Homicide:
Killing of a human being by the defendant’s act
Malice:
CL: Intent to kill with deliberateness (but can be shown in other ways)
Wanton conduct:
Deliberate creation or Willful disregard of an extreme and unreasonable risk of death or serious bodily injury which results in the death of another
Felony Murder Rule:
If someone dies as a proximate result of and during the perpetration of an inherently dangerous felony, all the parties that committed the felony will be held vicariously liable for the death
Under the felony murder rule, is there a requirement of an intent to kill?
No, there must be an intent to commit a felony, a death must result from the felony, The death must be a proximate result of the underlying crime, and in furtherance or during the perpetration of the felony
What are the felonies covered by the felony murder rule?
CL: any felony
Modernly: only crimes that are generally dangerous to life
* some jurisdictions: BARRK
What are the two ways that the “dangerous to life” restriction is treated for felony murder?
- Objective view: felony is of an inherently dangerous nature
- Subjective view: felony was committed in a way to create a foreseeable risk of severe danger
Vicarious liability:
Felons and co-felons are equally responsible for the consequences of their individual acts committed as part of, and in furtherance of, the underlying felony
Voluntary manslaughter:
Intentional killing of another human being where there are mitigating circumstances warranting reduction of the charge from murder to manslaughter
Mitigation:
Heat of passion and emotional disturbance. Circumstances provoked the defendant to the point where he could not reflect before acting
The mitigation defense is only available for what crime?
Murder
If a reasonable cooling off period has elapsed, can there be mitigation?
No
Imperfect self defense:
Reduces murder to manslaughter where the defendant honestly, but unreasonably believes the deadly force is necessary to defend himself or a third-party
Involuntary manslaughter:
Unintentional killing which is the result of:
- death during the perpetration of a non-dangerous felony or misdemeanor
- A death resulting from a grossly reckless act
- A negligent homicide
- or an intent to inflict non-serious bodily harm that results in death
What are the degrees of murder?
1st° and 2nd°
What is first degree murder?
Premeditated murder, or felony murder
2nd degree murder:
All other murder than first
What are the crimes against people besides murder?
Battery, assault, mayhem, rape, kidnapping, false imprisonment
What is battery?
Direct or indirect unlawful touching of another person without consent and with the intent to cause injury, and injury in fact results
Assault:
Attempted battery. Placing another in fear of imminent serious physical injury, with the intent to cause such fear. The victim’s apprehension must be of immediate violence
Rape:
Unlawful sexual intercourse with a woman against her will by force or by threat of immediate force
Non-forcible statutory rape:
Sexual intercourse with a woman who by reason of age, is incapable of consenting to such conduct
Kidnapping:
Unlawful seizure of a person plus asportation
Asportation:
Taking a person from one place to another
What are the crimes against property?
Theft crimes and structure crimes