Criminal Law

Question 1

Murder

Answer 1

An unlawful killing of a human being with malice aforethought.

Question 2

Express Malice Aforethought

Answer 2

The intent to kill; the conscious desire to bring about a death.

Question 3

Implied Malice Aforethought

Answer 3

The intent to commit the underlying act.

Question 4

Carroll Approach

Answer 4

Premeditation means intent.

Question 5

Guthrie Approach

Answer 5

Premeditation requires actual deliberation, meaning defendant must have time to deliberate and actual deliberation on the intent to kill.

Question 6

Defense of Provocation

Answer 6

A murder committed with intent to kill, where the killer has a partial defense of provocation can have the crime “knocked down” from murder to manslaughter. There must be an adequate provocation, the event gave rise to a heat of passion, and no adequate cooling time.

Question 7

Reckless Manslaughter

Answer 7

A killing and a substantial, unjustifiable risk with conscious disregard of the risk; the killer must be aware of the risk.

Question 8

Extreme Reckless Manslaughter

Answer 8

A killing and a substantial, unjustifiable risk with callous disregard.

Question 9

Felony Murder

Answer 9

A killing in the course of committing a felony.

Question 10

Misdemeanor Manslaughter

Answer 10

A killing in the course of committing a misdemeanor.

Question 11

Murder With The Intent to Inflict Serious Bodily Harm

Answer 11

A killing with the intent to inflict serious bodily harm in which the harm is grave, not trivial. The harm created a substantial risk of death or cause serious permanent disfigurement or protracted loss or impairment of bodily member or organ.

Question 12

Unconsciousness Defense

Answer 12

In order to use the unconsciousness defense, which is a complete defense, one must be unconscious. If one is not aware of what one is doing, then his or her action is not voluntary.

Question 13

Act Element

Answer 13

An act is required and it must be voluntary.

Question 14

Purposely

Answer 14

Wanted to do it.

Question 15

Knowingly

Answer 15

Awareness 99% it was going to happen.

Question 16

Recklessly

Answer 16

Known of danger/risk

Question 17

Negligently

Answer 17

Should have of known.

Question 18

Actual Causation

Answer 18

If one of the defendant’s actions is in the chain of events, then their conduct is an actual cause. But for the defendant’s actions, then action lead to the ultimate result.

Question 19

Proximate causation

Answer 19

If the defendant’s action is reasonably foreseeable meaning it would lead to the result, the defendant’s conduct is the proximate cause; must have both actual cause and proximate cause for defendant’s action to be the cause of the result.

Question 20

An Intervening Cause

Answer 20

A cause between the actor’s act and the ultimate result. If the intervening cause is “superceding”, it “break” the chain of causation, and that let
s the defendant off of the causal hook.

Question 21

An INtervening Human Actor

Answer 21

A human act between the defendant act and the result. If the intervening actor is mistaken, determine if the intervening actor’s act was superceding; if superceding, it breaks the chain of causation and lets the defendant off the causal hook.

Question 22

Negligent Homicide

Answer 22

A person commits negligent homicide if he causes another person’s death with criminal negligence. A person is criminally negligent if his conduct involves a substantial + unjustifiable risk that he should have perceived.

Question 23

Homicide

Answer 23

The killing of one human being by another.