Criminal Law Flashcards
Who has the burden of proving insanity
In the majority of jurisdictions, the defendant has the burden of proving insanity
Depraved heart murder
a killing that results from reckless indifference to an unjustifiably high risk to human life
Involuntary manslaughter
unintentional homicide that is either:
(1) committed with criminal negligence or
(2) committed while the defendant is engaged in an unlawful act
Criminal negligence
a grossly negligent action that puts another person at a significant risk of serious bodily injury or death
- requires more that ordinary tort negligence, but less than depraved heart murder
MPC criminal negligence
defendant’s reckless act which is
(1) a gross deviation from the standard of conduct that a law-abiding person would observe in the defendant’s situation when
(2) the defendant was actually aware of the risk his conduct posed
Duress can be claimed when
(1) third party’s unlawful threat
(2) causes the defendant to reasonably believe
(3) that the only way to avoid death or serious injury to himself or another is to violate the law and
(4) the defendant violates the law
Can an accomplice to felony murder who did not kill, attempt to kill, or intend to kill be sentenced to death
No, unless they:
(1) significantly participated in the commission of the underlying felony and
(2) acted with reckless indifference to human life
Must a second confession be suppressed when a first violated Miranda
a Miranda violation does not automatically require suppression of the defendant’s later confession made after the receipt of Miranda warnings. Admissibility turns on whether the later confession was voluntary based on the totality of the circumstances.
Limits on self defense
one who is not the aggressor is justified in using reasonable force against another person to prevent imminent unlawful harm to them
