crim law one-timers Flashcards
Intended killings
- premeditation and deliberation
or - provocation
if you find that the D premed and delib before killing –> intent element of malice aforethought HAS to be intent to kill. can’t delib and premed plan a murder if he only intended to inflict great bodily harm.
1st degree murder
is statutory - they’ve gotta give you a statute on MBE (or not??)))
and usually encompasses premed and deliberation ("intent to kill") torture explosions felony murder
Consent to murder
not allowed.
guy is dead. can’t testify that he consented to being killed
Premeditation
means the defendant
“actually thought about it”
and reflected on the idea of killing
Deliberation
“cool reflection”
for any length of time - no matter how brief
defendant must have made a conscious decision to kill in a calm and cool manner
Intent to kill
may be shown by use of a deadly weapon
or by D’s own words
deadly force permits ingerence that D intended to kill V
2nd degree
catch-all
intent to cause great bodily injury or
depraved heart
In MBE ques… if you get stuck
FOCUS ON D’S INTENT
also
if ques has statute, read carefully
how to answer question
killing? (intent or unintentional)
with malice aforethought?
–> 2nd degree
UNLESS
premed and delib
or UNLESS
mitigating circumstances-provoked
–> Voluntary manslaughter
provocation
**TIP** D will always be provoked so! what they are going to test you on is the OBJECTIVE prong of the test would a reasonable person be provoked
(voluntary manslaughter)
Voluntary manslaughter
IS an intentional killing
but w/ provocation
and also imperfect self defense
(honest and rsble) – again, honest part will never be in question. the question will be about reasonableness
Unintended killings
still guilty of murder
other elements of malice
- intent to great bodily injur
- felony murder
- reckless/N-ly killing
reckless and negligent killing**
criminally negligent- involuntary manslaughter
vs
reckless-depraved heart murder (implied malice murder)
ask: would you do that?**** driving 40 miles per hour in a 35 miles per hour v 80 miles in 15 miles in school zone
devoid of social utility
Felony Murder
unintended killing
during felony
before reaching place of temporary safety!!
*** felony must be INDEPENDENT
assault w/ deadly weapon and voluntary manslaughter can’t be used as underlying crime for felony murder rule
D MUST BE FOUND GUILTY FOR UNDERLYING MURDER
killing by a co-felon
red-line rule
co-felon gets killed- justifiable
there is no felony murder
victim killed-
felony murder even if not co-felon
Misdemeanor Manslaughter
unintended killing
usually assault or battery
how they test:
battery is malum in se (inherently bad)
- A D driving carefully, reasonably, with all due care, a child darts out in front of his car, he doesn’t have a license, child dead
want to charge w/ involuntary manslaughter
no!
there is no causation. him driving w/o a license isn’t the cause of kid’s death
malum in se
v
malum prohibitum
inherently bad- don’t need a law to tell you that
v
action prohibited by statute (i.e. driving w/o a license)
D not guilty of manslaughter unless the death is a foreseeable or natural consequence of D’s unlawful conduct
Theft
encompasses three different crimes:
- larceny
- embezzlement
- false pretenses
larceny
trespassory taking
took it w/o consent
with intent to permanently deprive
CAN steal something w/o monetary value
CAN steal from dead person
intent!!! focus!!
embezzlement
lawful conversion
given property lawfully
and later converted
embezzlement
lawful conversion
given property lawfully
and later converted
*initial possession was lawful**
False pretenses
lawful title
through deception
example: a false cashier's check switch price tags on an item GOTTA BE A present or past fact not a future one! (let me borrow $ cause I will pass the bar)
Continuing trespass doctrine
when you get the intent to perm deprive later
Claim of Right
HONEST belief that property is yours
–>
no larceny
no burglary
a possible PR embezzlement example
you hire an attorney
win judgement
judgement is supposed to go into a trust
lawyer converts that money and puts it in another account
or for his own use
THATS EMBEZZLEMENT
(intent to restore the equivalent is not a defense)
forgery
a type of false pretense
document must affect legal rights
(contracts, birth certificate etc)
Receiving stolen goods
you have to actually know goods are stolen WHEN recieved
^^ only element that can be tested
robbery
force
or threat of force
(AT TIME OF TAKING)
and larceny (trepassory taking w/ intent to perm)
ex:
steal friend’s watch. week later friend notices it on your wrist. you say “let me keep the watch or i’ll kill you”
^^ NOT robbery.
Burglary
the moment any part of you enters
you go in to house, see someone sleeping and immediately go back out?
that’s burglary
not attempted burglary
CL:
nighttime
residence