Criminal Law Flashcards
Depraved Heart Murder
An unintentional killing resulting from conduct involving an wanton indifference to human life and conscious disregard of an unreasonable risk of death or serious bodily injury
First degree murder
intent to kill murder accompanied by premeditation, deliberation, or a murder committed while in the commission of BARRK felonies (burglary, arson, rape, robbery, kidnapping)
Voluntary manslaughter
an intentional killing mitigated by adequate provocation or other circumstances negating malice aforethought
Accomplice Liability
giving assistance or encouragement, or failing to act where one has a legal duty to oppose the crime of another (actus reus) and purposefully intending to effectuate commission of the crime (mens rea)
Solicitation
A defendant is guilty of solicitation at the moment they ask another person to commit a crime.
General intent crimes
allow the requisite intent (mens rea) to be inferred from the act itself - evidence of intent independent of the crime is not required. If a defendant consciously and voluntarily committed the act, they will be deemed to have general intent.
Voluntary intoxication defense
used only against specific intent crimes when it negates the requisite mental state necessary to commit that crime
False imprisonment
the intentional, unlawful confinement of one person by another with no reasonable means of escape
Reasonable force
Use of reasonable force is justified when an individual reasonably believes that their criminal conduct is necessary to avoid a greater harm