Criminal Law Flashcards
When does a person act deliberately?
Only if the person acts with a cool mind that is capable of reflection. And premeditation requires proof of some period of reflection before the intent to kill is formed. However, some jurisdictions hold that premeditation may be formed in an instant.
Malie is absent when?
If the facts can establish the defendant acted with adequate provocation and heat of passion, which caused a lack of cooling off
What is adequate provocation
Cause a reasonable man to lose his self control, which does not allow cool reflection.
A defendant may raise the complete justification defense of others. States usually have one of the two rules.
The first rule puts the defendant into the shoes of the person being attacked and can claim defense of others only if the person being attacked could have acted in self defense.
The second rule a defendant can argue that he reasonably, but mistakenly believed that the person being attacked had a right to act in self defense.
Both of these would need to be proved by a preponderance of the evidence.
Establishing self defense based upon the use of non-lethal force.
(1) Defendant must reasonably believe that the force was necessary to protect her from another person’s imminent unlawful force AND
(2) used an amount of force proportionate to the force encountered.
When do Miranda Protections apply?
When a suspect is BOTH
(1) in custody and
(2) in interrogation.
custody is established if a person under similar circumstances reasonably believes their are in custody.
Depraved Heart Murder
A person who recklessly causes the death of another when acting with extreme indifference to value of human life.
Manslaughter
If the defendant acted with criminal negligence, which can include the criminally negligent operation of a motor vehicle.
Criminal negligence
whenever a person conduct creates a substantial risk of death and the defendants actions were not the standard of care that a reasonable person would have used in the same situation.
