crim Flashcards
cause in fact for homicide
Failure to act giving rise to liability
A failure to act gives rise to liability only if
- there is a legal duty to act;
- the defendant has knowledge of the facts giving rise to the duty to act; AND
- it is reasonably possible to perform the duty
Four core elements of (most) crimes
- physical act (or omission)
- mental state
- causation
- concurrence (act and mental state present at same time)
Specific intent
Specific intent crimes require that the crime be committed with a specific intent or objective
Malice mens rea
The necessary intent for malice crimes require a reckless disregard of an obgious or high risk that the particular harmful result will occur
Malice crimes include _____
The malice crimes are common law murder and arson
Strict liability as a mens rea
Strict liability only requires that the defendant’s voluntarily commit the actus reus. Defenses that negate state of mind are NOT admissible
MPC purposefully
A defendant acts purposefully when it is their conscious objective to bring about a certain result
MPC knowingly/willingly
A defendant acts knowingly when they are aware that their conduct is of the nature required by the crime or the circumstances required by the crime exist
MPC recklessly
A defendant acts recklessly when they act with conscious disregard of a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct. The risk must constitute a gross deviation from the standard of conduct of a law abiding person
MPC negligence
A defendant acts negligently when they fail to perceive a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct. The risk must constitute a gross deviation from the conduct of a reasonable person.
CL murder
Murder is the unlawful killing of a human being with malice aforethought.
When is there malice aforethought
Malice aforethought exists when there are no facts reducing it to voluntary manslaughter AND it is committed with one of the following states of mind
- intent to kill
- intent to inflict serious bodily injury
- reckless indifference to an unjustifiably high risk to human life; or
- intent to commit a felony under the felony murder rule
Voluntary manslaughter
Voluntary manslaughter is a killing that would be murder BUT FOR the existence of adequate provocation
When is provocation adequate for voluntary manslaughter
provocation is adequate only if
- the provocation arouses a sudden and intense passion in the mind of an ordinary person, causing him to lose self control; AND
- there was not sufficient time between the provocation and killing for the passions of a reasonable person to cool off
Involuntary manslaughter
Involuntary manslaughter is an unintentional killing committed
- with criminal negligence; OR
- during an unlawful act
criminal negligence for involuntary manslaughter
criminal negligence is grossly negligent action (or inaction, where there is a duty to act) that purs another person at significant risk of serious bodily harm or death
Unlawful act for involuntary manslaughter
- a killing committed during a misdemeanor; or
- killing committed in the comission of a felon that is not treated as a 1st degree felony or 2nd degree murder
First and second degree murder
in some JDXs, murder is divided into degree by statute. Generally, a murder is 2nd degree unless it falls into the following statutory aggravating circumstances, which makes it 1st degree
- premeditation
- felony murder
- heinous murder
Premeditation
A murder is deliberate and premeditated if the defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a very brief period
Felony murder
In many states, a killling committed during the commission of an enumerated felony is felony murder. It is usually BARRK, as well as other inherently dangerous felonies
Heinous murder
A murder performed in a certain way (e.g., torture, mutilation). Some states make this 1st degree murder
Felony murder rule
A death caused in the commission of, or in an attempt to commit, a felony is murder.
Defending against felony murder thru failing to commit underlying felony
- To be guilty of FMR, the D must have committed or attempted to commit the underlying felony.
- A defense that negates an element of the underlying offense is also a defense to felony murder
Defending against FMR from felony not being distinct from killing
- the felony must be distinct from the killing itself in order to qualify under FMR
- e.g., committing a battery that causes someone to die is not FMR because battery is not distinct from killing
Death as foreseeable reuslt from felony murder
To be liable for FMR, the death must have been a foreseeable result of the felony
FMR and death after immediate flight
- To be liable for FMR, the death must have been caused before the defendant’s immediate flight from when the felony ended
- e.g., once felon has reached place of safety, subsequent deaths are not FMR
Causation for homicide
To be liable for homicide, the D’s conduct must have been both the cause in fact and proximate cause of the victim’s death
