Criminal Law MBE Flashcards
What is common law battery?
the unlawful application of force to another, resulting in either: a) bodily injury or (b) offensive touching
Mental state: general intent
What is common law assault?
1) an unattempted battery
2) the intentional creation, other than mere words of a reasonable apprehension in the mind of the victim of imminent bodily harm
Mental state: specific intent
What is murder?
Death of another with MALICE AFORETHOUGHT
What is malice aforethought?
one of four mental states:
1) the intent to kill
2) intent to inflict serious bodily harm
3) extreme recklessness, meaning reckless indifference to human life
4) the intentional commission of an inherently dangerous felony (“felony murder”)
The intentional use of a deadly weapon creates an inference of…
an intent to kill
when does transferred intent not apply?
to attempts. It only applies to completed harms
If one co-felon proximately causes the victim’s death..
all of the co-felons are guilty of felony murder, even if the actual killing is committed by a third party
what is the agency theory?
in some states, felony murder doctrine only applies if the killing is committed by one of the co-felons
what is first degree murder
an intentional killing committed with (1) premeditation and (ii) deliberation
what is second degree murder
all other intentional murders as well as depraved heart murder and where its still exists as a seprate category of homicide, intent to inflict serious bodily harm murder
what is voluntary manslaughter?
1) a killing committed intentionally
2) in the heat of passion
3) upon adequate provocation
what are the core requirements of voluntary manslaughter?
four:
1) provocation must be objectively adequate
meaning enough to arouse a sudden and intense passion
e.g. serious assault or battery, presently witnessed adultery
2) defendant was actually provoked
3) defendant did not have enough time to cool off
between provocation and killing
4) defendant did not actually cool-off
what is common law involuntary manslaughter?
two types:
1) a killing commited during the commission of a crime to which the felony murder doctrine does not apply
2) an unintentional killing committed:
a) common-law with criminal negligence
b) MPC/modern trend: recklessly
