Criminal Law Flashcards
Common law murder
Unlawful killing with malice aforethought.
- Intent to kill
- Intent to do serious bodily harm
- Reckless indifference - must be aware of the risk of danger
- Felony murder- defenses. Felony not distinct from killing, not foreseeable result, death after commission and ensuing flight.
Requires causation
First degree murder
Deliberate and premeditated murder, sometimes felony murder as well. Look at lying in wait, ambush, reflected on idea of murdering someone
Voluntary manslaughter
Plead down if heat of passion, provoked to extent inflame passions or ordinary Person
Adequate provocation
No cooling off
May be used self defense if started fight or overkill
Involuntary manslaughter
Gross negligence, MPC reckless which is gross deviation, understood risk
Unlawful act -misdemeanor manslaughter- committing wrongs in itself misdemeanor or
Killing during felony that is not BARKK
Conspiracy
Agreement
Between at least 2
Unlawful purpose
Intent to accomplish purpose
Overt act - any act in furtherance of conspiracy
Liable for crimes if all co-conspirators
Impossibility is not a defense
Withdraw - only before overt act. Must tell others leaving and tell police. Under MPC, withdrawal after crime only if acts to thwart success
Attempt
Substantial step with specific intent to commit crime
Cannot be mere preparation - substantial step test
Dangerous proximity test - dangerous proximity to complete crjme
Impossibility not a defense.
Generally can’t abandon after substantial step if so, must be true change of heart
Entrapment
Government induced and D otherwise was not predisposed.
accomplice liability
Majority - must I promote or facilitate commission of offense, must intend crime be committed
Minority - intentionally or knowingly aids, even without intent
Liable to same extent as criminal
Can withdraw if repudiate aid do all possible to stop and so before chain of events in motion
Insanity
Mnaughten- did not know nature and quality of act or wrongfulness
Irresistible impulse - lacked self control or free choice and could not conform conduct to law
Durham - but for cause
MPC - combines mnaughten and impulse
