Essay/MBE Flashcards
Murder - Common Law
At common law, murder required malice;
(i) the intent to kill,
(ii) the intent to inflict great bodily injury,
(iii) reckless indifference to an unjustifiably high risk to human life, or
(iv) the intent to commit a felony.
Arson
Modern Rule applies unless told otherwise.
Modern Rule: Malicious burning of any structure or dwelling. At least charring is needed.
Common law: Malicious burning of a dwelling house of another. At least charring is needed.
Accomplice Liability: Modern Trend
Principals: engage in the act that causes the criminal result
Accomplice: aids, counsels, encourages principal with intent the crime be committed
Accessory After: receives, relieves, comforts, or assists knowing of the felony to help escape. Accessories are charged with a separate crime with punishment unrelated to the felony.
