Essay issues

Question 1

Homicide outline

Answer 1

Common law
 Intent to kill
 Intent to inflict serious bodily harm
 Depraved heart murder
 Felony murder
1st degree
2nd degree
Voluntary manslaughter
Involuntary manslaughter

Question 2

Name the defenses

Answer 2

Insanity
Self defense
Intoxication

Question 3

Name the theft crimes

Answer 3

Larceny
Burglary
Robbery
Receipt of stolen goods

Question 4

Name the other crimes to look out for

Answer 4

Battery

Kidnapping

Question 5

Common law murder

Answer 5

At common law, murder is the unlawful killing of a human being committed w/ malice aforethought. Malice aforethought is found if the killing is committed w/ any of the following mental states:

Question 6

Intent to kill

Answer 6

To be found guilty, D’s conduct must be the actual and proximate cause of V’s death and D must have intended to kill V.

Question 7

Intent to inflict serious bodily injury

Answer 7

To be found guilty, D must only possess the requisite intent to inflict great bodily injury upon V.

Question 8

Depraved heart murder

Answer 8

To be found guilty, D must demonstrate a reckless indifference to an unjustifiably high risk to human life.

Question 9

Felony murder rule

Answer 9

Under the felony murder rule, D can be found guilty for the unintended and foreseeable killing that is proximately caused during the commission or attempted commission of a dangerous felony (burglary, arson, robbery, rape, and kidnapping). Here, D is guilty of the underlying felony of ___. [Analyze each element of the felony]. The killing of the victim was foreseeable b/c ___. Additionally, V’s death was proximately caused by [felony] b/c ___.

Question 10

First degree murder

Answer 10

First degree murder is a statutorily created category of murder that is premeditated and deliberate. Often, a jx will also characterize felony murder rule as first degree murder.
Premeditated - A murder is premeditated if the D had enough time to reflect or plan the killing. Even a mere second of reflection is sufficient.
Deliberate - The D made the decision to kill in a cool and dispassionate manner.

Question 11

Second degree murder

Answer 11

Second degree murder is the statutory version of common law murder. See the common law murder analysis above.

Question 12

Voluntary manslaughter

Answer 12

In order to be found guilty of voluntary manslaughter, the following must be met:

1) There must be a provocation that would arouse a sudden intense passion in the mind of an ordinary person.
2) D must have actually been provoked.
3) There must have been sufficient time for an ordinary person to cool off.
4) D did not actually cool off.

Question 13

Involuntary manslaughter

Answer 13

To be found guilty of involuntary manslaughter, D must have been criminally negligent.

Question 14

Insanity

Answer 14

M’Naghten rule - Under this rule, D is not guilty if D did not know the nature of the act or the wrongfulness of the act b/c of mental disease or defect.
Irresistible impulse test - Under this rule, D is not guilty if D has a mental disease or defect that prevents him from controlling himself.
Durham rule - Under this rule, D is not guilty if he would not have committed the crime but for his mental disease or defect.
Model penal code test - Under this rule, D is not guilty if due to his mental disease or defect, he did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law.

Question 15

Intoxication

Answer 15

There are two states of intoxication, voluntary and involuntary.
Voluntary intoxication involves the voluntary ingestion of an intoxicating substance. It is a defense to specific intent crimes if D did not have the state of mind to form intent due to intoxication.
Involuntary intoxication is the involuntary ingestion of an intoxicating substance.

Question 16

Self defense

Answer 16

Self defense is the use of reasonable force to protect oneself.

Question 17

Battery

Answer 17

Battery is the intentional unlawful application of force to another person.

Question 18

Kidnapping

Answer 18

Kidnapping is the unlawful confinement of a person against their will coupled w/ either movement or concealment of the person.

Question 19

Burglary

Answer 19

Burglary is the breaking and entering of another’s dwelling at night w/ the specific intent to commit a felony. Under modern law, dwelling includes any building and nighttime is not a requirement.

Question 20

Larceny

Answer 20

Larceny is the taking and carrying away of another’s personal property, w/o his consent, and w/ the intent to permanently deprive him at the time of taking.

Question 21

Robbery

Answer 21

Robbery is a larceny by force or intimidation when the taking of property is from the victim or in his presence.

Question 22

Receipt of stolen property

Answer 22

Receipt of stolen property requires the receipt of stolen property, w/ the knowledge it was stolen, and w/ the intent to permanently deprive the owner of the property.

Question 23

Accomplice liability

Answer 23

A person is liable as an accomplice if he aids or abets a principal prior to or during the crime w/ the intent for a crime to be committed.
The accomplice is liable for the crime itself and all other foreseeable crimes that might occur.

Question 24

Accessory after the fact

Answer 24

An accessory after the fact is one who aids a felon to avoid apprehension after the felony is committed, and to be guilty the person must know the felony was committed.

Question 25

Conspiracy

Answer 25

Conspiracy is an agreement between 2+ people to commit an unlawful act. Under modern law, there must also be an overt act in furtherance of the conspiracy.
A conspirator is liable for the conspiracy and a co-conspirator’s substantive crimes in furtherance of the conspiracy.

Question 26

Attempt

Answer 26

Attempt requires the specific intent to commit a crime and a substantial step towards perpetrating the crime.