Crim Law Flashcards
First-Degree Murder
First-degree murder is a statutorily created category of murder that is generally defined as premeditated and deliberate murder, requiring the specific intent to kill. In addition, felony murder is frequently classified as first-degree murder.
Common Law Murder
At common law, murder is the unlawful killing of a human being committed with malice aforethought.
Malice aforethought exists if the defendant acted with (1) intent to kill, (2) intent to inflict great bodily injury, (3) reckless disregard to an unjustifiably high risk to human life, or (4) intent to commit certain felonies (felony murder).
Common Law Murder: Malice Aforethought: Intent to Kill
To be found guilty, the defendant’s conduct must be the legal cause of the victim’s death and the defendant must have intended to kill the victim.
Common Law Murder: Malice Aforethought: Intent to Inflict GBI
To be found guilty, the defendant must only possess the requisite intent to inflict serious bodily injury upon the victim.
Common Law Murder: Malice Aforethought: Reckless Indifference
To be found guilty, the defendant must demonstrate a reckless indifference to an unjustifiably high risk to human life.
Common Law Murder: Malice Aforethought: Felony Murder
Under the felony murder rule (FMR), a defendant can be found guilty for an unintended and foreseeable killing that is proximately caused by or during the commission or attempted commission of an inherently dangerous felony.
Traditionally, burglary, arson, robbery, rape, and kidnapping are considered to be inherently dangerous felonies.
- BARRK
- Unintended & Foreseeable
- Proximate Cause
- Exception to Felony Murder
Common Law Murder: Malice Aforethought: Felony Murder: Exceptions
If a co-felon is killed by a victim or a police officer acting in self-defense or trying to prevent the escape of the defendant or his co-felon, then the defendant is generally not guilty of felony murder.
If the death occurs after the commission of the felony and the flight of the scene, felony murder does not apply. It is once a place of safety is reached.
First-Degree Murder: Deliberate
Deliberate means the defendant made the decision to kill.
First-Degree Murder: Premeditated
A murder is premeditated if the defendant reflected on the idea of killing or planned the killing. The amount of time needed for premeditation may be brief.
Second-Degree Murder
Second-degree murder is a statutorily created category of murder that includes common law murder. In other words, it is the unlawful killing of a human being with malice aforethought.
Voluntary Manslaughter
Voluntary manslaughter is murder committed in response to adequate provocation. Adequate provocation is (1) provocation that would cause a reasonable person to become enraged, (2) that actually caused the defendant to become enraged, (3) when there was not enough time for a reasonable person to calm down, and (4) the defendant did not actually calm down.
Accomplice Liability
A principal is the perpetrator of the crime. A person is liable as an accomplice if he aids or abets a principal prior to or during the crime with the intent that the crime be committed.
The accomplice is liable for the crime itself and all natural and probable consequences of the crime.
Accessory After the Fact
An accessory after the fact is one who aids a felon to avoid apprehension after the felony is committed. To be guilty, the person must know that a felony was committed.
An accessory after the fact is not necessarily liable for the crime the felon already committed.
Extortion
At common law, extortion was the unlawful taking of money by a government officer. Most jurisdictions have enacted statutes that more broadly define extortion as the taking of money or property from another by threat.
Receiving Stolen Property
Receiving stolen property is a statutory crime that requires receiving control of stolen property, knowing that the property is stolen, and with the intent to permanently deprive the true owner of the property.
