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Criminal > Crim vocab, common law and MPC > Flashcards

Crim vocab, common law and MPC Flashcards

1
Q

what categories do most jurisdiction divide homicide into?

A

1) murder (also divided into degrees)

2) manslaughter (viewed as less serious) (voluntary and involuntary)

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2
Q

under the MPC what is the critical distinction between knowingly and purposely?

A

the purposeful actor DESIRES a specific result whereas the knowing actor foresees the result as highly likely but doesn’t really care whether it happens or not

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3
Q

under the common law what happens if a person makes a reasonable mistake?

A

she is exculpated

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4
Q

Under the common law what are legal duties based on?

A

1) relationship (parents must provide shelter for child)
2) statute
3) contract to provide care (nursing homes)
4) voluntary assumption of care that isolates the individual (taking a sick person in one’s home)
5) creation of peril (someone who pushes another who cannot swim into a deep lake)
6) duty to control the conduct of another (business executive may have duty to prevent company chauffeur from speeding)
7) duty of a landowner (theater has duty to prove reasonable emergency exits)

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5
Q

under the MPC what is knowingly?

A

essentially equivalent to “oblique intention” under common law

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6
Q

Types of punishment

A

1) utilitarianism

2) retribution

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7
Q

under the common law what 2 main premises did the court rely on for strict liability?

A

1) legislatures were unrestrained in their ability to proscribe conduct and did not have to require mens rea
2) there was a compelling need to protect society, particularly minors, against such evils and it was too hard to prove mens Rea

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8
Q

under common law, what are the 4 defenses for mistake of law?

A

1) relying on an official statement (Raley)
2) when you make a mistake regarding the legalese (Marerro)
3) mistake negates required mens Rea and the very law you’re violating (Smith)
4) mistake about the existence of law (Woods)

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9
Q

under the MPC 2 types of cases permits an omission or failure to act to satisfy the failure of a crime?

A

1) when the statute defining the offense expressly states that failure to act is a crime (failure to file an income tax return)
2) when the defendant has a duty to act imposed by civil law (failure to prove necessary food, shelter, clothing to child)

2.01(3)(a) &(b)

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10
Q

for unintended killings what does torts law determine the line between?

A

no liability and civil liability

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11
Q

Common law unintentional murder (malice aforethought)

A

GROSS recklessness (deprived and malignant hear) risk of death or bodily hard

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12
Q

what are the commonalities between MPC and Common law for provocation?

A

both require an objective element (reasonableness) - not every defendant who flies off the handle and kills someone is a candidate for the provocation defense.

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13
Q

common law intentional manslaughter (voluntary)

A

intent w/ provocation

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14
Q

under common law, when does malice aforethought exclude intentional killings?

A

where reason is clouded or obscured by passion that is produced by adequate provocation

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15
Q

under the common law when is a person acquitted for a crime?

A

when a person mistakes facts and commits what turn out to be crimes

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16
Q

under the MPC what are the elements of recklessness?

A

conduct: consciously disregards a substantial and unjustifiable risk that he is engaging in the proscribed conduct

A.C.: consciously disregards a substantial and unjustifiable risk that the proscribed circumstances exist

Result: consciously disregards that a substantial and unjustifiable risk will occur

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17
Q

basic common law rule for felony-murder

A

you can have murder liability for killing someone in the course of. felony. limited to negligence

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18
Q

how do courts split on the meaning of premeditation?

A

some define it as purpose and others as careful deliberation

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19
Q

MPC unintentional murder (malice aforethought)

A

GROSS recklessness

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20
Q

why is the misdemeanor-manslaughter rule even less popular than felony-murder (adopted in fewer jurisdictions)?

A

because this rule requires not even criminal negligence (but yet you’re guilty of homicide)

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21
Q

what does involuntary manslaughter require?

A

gross negligence (in most states)

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22
Q

under the MPC what is rejected in regards to the idea of mistake of fact?

A

that it is a separate doctrine that treat it as being among the basic notions of mens Rea

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23
Q

MPC unintentional manslaughter (involuntary)

A

Recklessness

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24
Q

under the MPC what is needed for someone to be guilty of committing a crime (actus reus)

A

have committed a voluntary act 2.01(1)

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25
Q

offenders can be “changed” into non offenders by taking away the offender’s desire or impulse to engage in criminal conduct if given proper “treatment”

A

rehabilitation

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26
Q

types of rehabilitation

A

1) medical treatments
2) rehabilitation programs
3) psychological counseling
4) education and training programs

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27
Q

what is the misdemeanor-manslaughter rule?

A

it is involuntary manslaughter IF you kill in the commission of an unlawful act that is not a felony

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28
Q

under the common law and MPC is mistake of law a defense?

A

no, only exceptions

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29
Q

one may avoid criminal responsibility by claiming he was unaware that a legal duty to act arose from those facts

A

omissions

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30
Q

limitations on felony-murder rule

A

1) felony has to be inherently dangerous (Phillips, Stewart, Hines)
2) merger doctrine
3) killings not in furtherance of a felony

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31
Q

what is gross negligence required for?

A

homicide (involuntary manslaughter); criminal punishment for ordinary negligence

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32
Q

under MPC what is purposely?

A

equivalent of the common law term intent.

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33
Q

does the agency theory and proximate cause limit felony-murder liability?

A

agent theory does while proximate cause does not.

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34
Q

how does Wilson make use of the Ireland test (felony-murder)?

A

burglary was an integral part of the homicide b/c the point of the burglary was not to commit a deadly assault (did not enter dwelling to commit larceny)

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35
Q

if the felony has an independent, felonious purpose, IT DOES NOT MERGE and thus becomes the predicate for felony-murder

A

Burton test

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36
Q

what are the characteristics gross negligence?

A

1) high degree of likelihood
2) substantial harm will result
3) harm will be unjustifiable

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37
Q

under common law, what do defendants in many cases “rely” on in regards to the law?

A

their own “understanding” of the law informed by either “general custom” or a “hunch” although in some rare instances defendants will attempt to find and read the applicable criminal statute.

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38
Q

from the 3 cases that were inherently dangerous (felony-murder) what were 3 tests that we see?

A

1) prove inherently dangerous in the abstract
2) as committed, the felony was inherently dangerous b/c it created a foreseeable risk of death
3) as committed, the felony was inherently dangerous b/c it created a high probability of death

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39
Q

in people v. Burton, how do we see use of the merger doctrine (felony-murder)?

A

defendant killed someone in the course of committing an armed robbery, so felonies were (1) armed robbery and (2) assault with a deadly weapon; the assault merges with murder but the robbery does not b/c it had a purpose apart from the killing.

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40
Q

common law unintentional manslaughter (involuntary)

A

GROSS negligence (objective)

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41
Q

what does the MPC say for murder?

A

they abolished the degrees of murder and makes all murders subject to the death penalty

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42
Q

under the MPC how is murder defined?

A

killing with malice aforethought

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43
Q

for killings not in furtherance of a felony, what 2 theories can the defendant be liable under?

A

1) agency theory (committed in furtherance of joint plan and must be an accomplice/co-conspirator)
2) proximate cause (death was a direct result of the felony) (central issue, was it foreseeable?)

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44
Q

under the MPC, what are the elements of purposely?

A

conduct: defendant’s conscious object is to engage in such conduct
Attendant circumstances: aware or hopes or believes the circumstance exists
Result: conscious object is to cause result

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45
Q

under the MPC how is manslaughter defined?

A

killing without malice aforethought

46
Q

under the MPC what will support criminal responsibility?

A

only the individual’s own conduct 1.02(1)

47
Q

when defendant uses a person as a shield, courts usually find felony-murder even under agency theory

A

shield cases

48
Q

types of utilitarianism

A

1) deterrence
2) incapacitation
3) rehabilitation

49
Q

utilitarianism

A

view that we should punish criminals only if some “good” is achieved by the act

50
Q

under the MPC, what does criminal homicide constitute for manslaughter?

A

when a homicide which would otherwise be murder is committed under the influence or extreme emotional or mental disturbance for which there is no reasonable explanation or excuse shall be determined as he believes them to be.

51
Q

what must incapacitation do?

A

1) punish equally, for lengthy period of time for every person committing the same crime
2) assume they can accurately identify those who are most likely to reoffend and impose on them lengthy periods of incapacitation

52
Q

under the MPC, since murder by degrees based on premeditation are not divides, when does criminal homicide constitute murder?

A

when it’s committed:

1) purposely or knowingly or
2) extreme gross recklessness

53
Q

what does the common law require for Actus Reus?

A

either a voluntary physical act or an ommission when there is a legal duty to act

54
Q

what is homicide defined by under the common law?

A

as the unjustified and unexcused killing of a human being

55
Q

under common law, how do we prove mens Rea?

A

inference. we can only infer, primarily from the defendant’s conduct and words and secondarily from other facts that help us assess those inferences of what the def was thnking

56
Q

under MPC, places burden on defendant to prove that he did not act with gross recklessness

A

burden shift

57
Q

common law for intentional murder (w/ malice aforethought)

A

purpose and knowledge

58
Q

what is a voluntary act?

A

movement of the human body that is, in some minimal sense, willed or directed by the actor

59
Q

what does violation mean according to the MPC?

A

an act for which imprisonment, even for a day is not an available sentence 1.04(5)

60
Q

the predicate for felony-murder cannot be one that would elevate all felonious assaults to murder or otherwise subvert the legislative intent; in every case we’ll look at a the felony involved with the risk

A

Hanson Test

61
Q

what does murder require?

A

gross recklessness (implied malice) or felony-murder

62
Q

MPC for intentional murder (w/ malice aforethought)

A

purpose of knowingly

63
Q

under the MPC, what does it provide that a defendants has a defense to a charge for mistake of law?

A

If he can show that he acted “in reasonable reliance” on an official statement of the law, afterwards determined to be invalid or erroneous contained in a statute; judicial decision.

64
Q

possible ways t respond to risk creation of unintended killings

A

1) no liability
2) civil liability (torts)
3) manslaughter
4) murder

65
Q

types of deterrence

A

1) specific - aiming to deter offender at hand from committing more crimes
2) general - aiming to deter other potential offenders

66
Q

under common law what sub-concepts do courts divide the concept of mens Rea into?

A

1) intent
2) knowledge
3) recklessness

67
Q

under the MPC what does it provide if there’s no mens Rea in the statute?

A

the element is proved if a person acts purposely, knowingly or recklessly. 2.02(3)

68
Q

Is the merger doctrine for felony-murder a universal rule?

A

It is fairly universal that assault with a deadly weapon will merge but when it comes to other felonies, it’s a lot less clear; the more felony is like assault, the more likely it is going to merge

69
Q

what is the MPC’s interpretation of recklessness that the code requires that the defendant foresee (and thereafter consciously disregards)?

A

must be substantial and unjustifiable

70
Q

under the MPC what does the code establish is the default position for mens Rea?

A

“recklessness”

71
Q

what is never part of a purposely analysis?

A

likelihood of a consequence

72
Q

what is malice aforethought?

A

1) intent to kill
2) implied malice - when there is not provocation (gross recklessness)
3) abandoned and malignant heart

73
Q

what are 3 problematic situations where the requirement that kills not be in furtherance of the felony (felony-murder)?

A

1) killings after the felony ended (felony continues to be perpetrated during the def’s effort to escape)
2) killing by felons but not in furtherance (co-felon goes on “a frolic of their own”
3) kids by non-felons (state v. Canola)

74
Q

under common law, how do you prove felony-murder?

A

1) felony

2) felony needs to be known to be dangerous to life and likely will cause death

75
Q

punishment of a criminal should be set to most efficiently prevent or avoid future offenses

A

deterrence

76
Q

what is the merger doctrine (felony-murder)?

A

you cannot have a felony-murder based on a felony that is an integral part of the homicide, and is in fact included in the homicide (assault).

77
Q

under the MPC what is not considered voluntary?

A

1) a reflex or convulsion
2) bodily movement during unconsciousness or sleep
3) conduct during hypnosis
4) bodily movement that is otherwise not a product of effort or determination of the actor, either conscious or habitual

2.01(a)

78
Q

MPC for negligent homicide

A

negligence

79
Q

how does the MPC interpret felony-murder?

A

they don’t adopt felony-murder but replaced the rule with a rebuttable presumption that if you’re committing one of the felonies enumerated in the statutes, we can assume that you had the gross recklessness required to establish the mens Rea of murder

80
Q

what does felony-murder eliminate under common law?

A

need for prosecutor approval

81
Q

argues that persons who choose to do wrongful (criminal) acts deserve punishment, and punishment should be imposed on them even if it serves no utilitarian purpose

A

retribution

82
Q

an individual is to some extent morally justified in making a punitive return against someone who intentionally causes him serious offense; defendant is less blameworthy

A

under common law for provocation, partial justification rationale

83
Q

under common law what does provocation do?

A

negates malice aforethought and mitigates murder to manslaughter

84
Q

if killing occurs during the commission of a felony, this becomes another form of malice aforethought

A

felony-murder

85
Q

under the MPC what mens Rea are unintended killings?

A

“recklessly” or “negligently”

86
Q

3 types of malice aforethought

A

1) intention to kill
2) gross recklessness
3) felony murder 125.25

87
Q

under the MPC what is negligently?

A

a possible predicate for criminal liability, only allows criminal negligence in one crime, homicide where it would be charged as manslaughter.

88
Q

for the good of those who abide the law, those offenders must be prevented from reoffending via imprisonment, execution or any other restraint or impairment that disables a potential offender

A

incapacitation

89
Q

what are the elements of criminal negligence?

A

1) awareness of risk of death (reasonable person’s awareness) - negligence
20 difference in the degree of risk - gross negligence

90
Q

common law view that too long a time lapse between provocation and killing renders the provocation inadequate as a matter of law (issue of provocation would goto the jury)

A

cooling time

91
Q

in people v. Hanson, how do we see a problem with the Burton rule?

A

a felon who acts with a purpose other than specifically to inflict injury on someone is subject to greater liability for an act resulting in death than someone who actually intends to kill the victim.

92
Q

under the common law what happens if a person makes an honest but unreasonable mistake?

A

she is punished for the crime as though she had made no mistake at all (negligence)

93
Q

under the MPC what does the code establish is the default position for mens Rea?

A

“recklessness” is the default provision

94
Q

under the MPC what is recklessly?

A

as with the common law, you’re reckless only if he ACTUALLY FORESEES that a harm may occur or that an attendant circumstance is present. Conscious disregard of the risk.

95
Q

what is the Cunningham decision known for?

A

its holding that “recklessness” is “lowest” mental state required for criminal mens Rea

96
Q

under the MPC when is ignorance or mistake as a matter of fact a defense?

A

if it negates purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense

97
Q

MPC intentional manslaughter (voluntary)

A

purposeful or knowingly but with extreme emotional disturbance

98
Q

what are the elements of knowingly under the MPC?

A

conduct: aware his conduct is of this nature

A.C.: aware that the circumstance exists

Result: aware the result is practically certain

99
Q

under the PC how does the code reject the “greater crime theory”

A

provides that a mistake is not a defense “if the defendant would be guilty of another offense had the situation be as he supposed” 2.04(2)

100
Q

holdings of common law cases for premeditated murder

A

1) carroll - defendant guilty of 1st degree murder (can deliberate in a moment; court equates intent with premeditation)
2) Guthrie - there must be some evidence that the defendant considered and weighed his decision to kill
3) Anderson - not 1st degree murder b/c of insufficient evidence of premeditation and deliberation (in sense of “careful thought and reflection”)

101
Q

for criminal liability what does common law need?

A

gross negligence

102
Q

under the MPC what sub-concepts are the concepts of mens Rea divided in to?

A

in descending order:

1) purposely
2) knowingly
3) recklessly
4) negligently

2.02

103
Q

under the MPC, recklessness, what does the disregard involve?

A

a gross deviation from the standard of conduct that a law-abiding person would observe, considering defendant’s purpose and the circumstances known to him

104
Q

for unintended killings what does criminal law determine the line between?

A

civil liability and manslaughter and manslaughter and murder

105
Q

under the MPC, why is provocation unpopular?

A

it’s extremely broad - it allows mitigation of circumstances where defendants seem less blameworthy

106
Q

what is required under common law for felony-murder?

A

there has to be a substantial and unjustifiably risk of death and aware of it under extreme indifference

107
Q

what are the elements of negligence?

A

conduct: fails to recognize a substantial and unjustifiable risk he is engaging in this conduct

A.C.: “ “ “ “ “ that the risk will occur
result: “” “ result will occur

108
Q

under the MPC what does it provide for strict liability?

A

expressly that culpability is not required ONLY with regard to “offenses which constitute violations” 2.04(1)

109
Q

if the felony is included in fact within the elements of the homicide, then it DOES MERGE; any felony that is really part and parcel of the homicide gets merged into the homicide (Wilson)

A

Ireland Test

110
Q

Common law for negligent homicide

A

doesn’t exist in common law

Criminal (6 decks)

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