Criminal Law Flashcards
Murder
Homicide committed with malice
Homicide
killing of another human caused by the defendant
Causation for homicide
1) defendant acted alone to cause death; 2) defendant’s omission caused death and defendant by statute, contract, relationship or voluntary undertaking had a duty to act; 3) acts of a third party contributed to cause of death (if defendant solicits, conspirator with one who commits crime, an accomplice to one who commits crime, or under felony murder rule) and third party act was foreseeable; 4) Death was a foreseeable result of defendant’s act or ommission
Malice
1) intent to kill (defendant’s words, use of deadly weapon in deadly manner); 2) intent to inflict great bodily harm; 3) depraved heart (reckless indifference to a known high risk of death or GBH - subjective)
Felony murder rule
homicide committed during the perpetration of an inherently dangerous felony (BAR KRAM) or (minority rule) a non-dangerous felony committed in a dangerous manner. Felony must be independent from act that caused death. Defense to felony defense to FM. Felony must be proximate cause of homicide (foreseeable result)
During perpetration (FM rule)
from attempt (on the way to the scene of the crime) until felon reaches a place of temporary safety
Vicarious liability for FM
majority: all felons are liable for death caused by co-felons, no felony murder if non-felon kills a felon; minority: no felony murder liability for a felon if a non-felon kills another non-felon while resisting the felony
Involuntary manslaughter
homicide committed without malice under one of three circumstances: 1) intent to inflict slight bodily injury; 2) criminal negligence; 3) misdemeanor manslaughter (killing occurs while defendant committing non-dangerous felony or a malum in se (inherently wrongful) misdemeanor as opposed to malum prohibidum
Types of defenses etc to murder
1) justification; 2) excuse; 3) mitigation
Effect of a justification
defendant not criminally liable
Types of justifications
1) self-defense; 2) defense of others; 3) crime prevention; 4) apprehension/arrest of a criminal; 5) reasonable mistake; 6) defense of property where used to protect occupants of home from violent intruder or if intruder intends to commit a felony inside (otherwise can’t)
Self defense defined
defendant may use deadly force to protect against an imminent deadly attack. Must be reasonable under the circumstances and necessary to repel the attacker
Duty to retreat when defendant not initial agressor?
Majority: defendant need not retreat before using deadly force, unless they are initial aggressor and safe retreat available. Minority: defendant must retreat before using deadly force if safe retreat available unless defendant in his own home, a police officer, or a victim of a violent felony
Self defense when defendant initial aggressor
Defendant cannot assert self defense unless: 1) defendant initial aggressor withdraws (clearly communicates intent to stop fighting); OR 2) defendant used non-deadly force and is now faced with attacker using deadly force AND 3) if safe retreat available, the initial aggressor must retreat before using deadly force
Defense of others
Majority: defendant can use deadly force if reasonable and necessary to defend another, even if victim wasn’t entitled to use self defense if victim reasonably appears to have that right. Minority: defendant steps into shoes of victim, so if victim doesn’t have right, neither does defendant
Crime prevention
Police officer or private person may use deadly force if reasonably necessary to prevent the commission of a dangerous felony
Apprehension/Arrest of a criminal
POLICE OFFICER: may use deadly force if reasonably necessary to apprehend/arrest dangerous felon. PRIVATE CITIZEN: can only use deadly force if person apprehended with deadly force is ACTUALLY GUILTY of dangerous felony (no reasonable mistake)
Reasonable mistake
defendant may use deadly force based on reasonable mistake as to self defense, defense of others (majority only), crime prevention, and apprehend/arrest (police only)
Effect of Excuse
defendant not liable for crime
Types of excuse
1) youth/infancy; 2) insanity; 3) intoxication
Youth/infancy
under age 7: no criminal liability; 7-14: rebuttable presumption of none; over 14: adult
Tests for insanity
1) M’Naughten; 2) Irresistible impulse; 3) MPC; 4) Durham
M’Naughten test
Defendant, as result of mental defect, did not know wrongfulness of his act or could not understand the nature and quality of his acts (focus on cognitive impairment not volitional ability)
Irresistible impulse test
defendant, as a result of a mental defect, was unable to control conduct or conform it to the law (focus on volitional ability not cognitive)
MPC test for insanity
defendant lacked the substantial quality either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law (both volitional and cognitive focus)
Durham test
no longer followed; defendant not guilty if crime was product of mental disease or defect
