Felony Murder and Guilty Mind (1) Flashcards
Why did felony murder rule start
originally all felonies punishable by death so no injustice from its application
why is felony murder rule strict liability
can be convicted without intent and without reckless/negligent behavior in regard to that risk
Why does felony murder trouble courts
accidental deaths may be treated like murders
One rule to constrain felony murder
need some causal connection between the felony and the homicide
MPC felony murder rule
depraved heart presumed in commission of these felonies
Stamp facts
armed robbery and one of people held up had advanced heart disease. 15ish minutes after robbery had heart attack and died
Stamp holding
Homicide must be direct result of the felony (but for cause) BUT the death need not be a natural or probable consequence (foreseeable) of the felony
Stamp reasoning
(1) armed robbery but for cause of heart attack
(2) No requirement that death must occur while committing felony
(3) Health condition not only cause
Carter facts
C ran into bank and jumped behind the desks stealing money. Appealed because statute required taking by force or intimidation which he didn’t use
Carter statute
(a) whoever by force and violence or intimidation take or attempt to take from the person
(b) whoever takes and carries away with intent to steal
General intent in Carter
intent to take by force (A)
Specific intent in Carter
Steal = intent to take + knowing belongs to another + intent to permanently deprive of that property
Joyriding would just be ____ intent while stealing is ___ intent
general, specific
Flores facts
Gave employer a fake SSN which turned out to be the real number of someone else. Convicted of identity theft but claims didn’t know the fake number actually belonged to someone else.
Flores statute
one “knowingly transfers, possesses or uses, without lawful authority a means of identification of another person”
Flores holding
Knowingly modifies all elements of the statute so govt must prove D knew the SSN belonged to another person
Flores reasoning
(1) MPC says apply a mens rea to all parts of the statute
(2) Court looks to ordinary meaning unless leg clearly intended otherwise and natural to read knowing as applying to rest of sentence
Moncini facts
M is an Italian citizen who mailed child porn from Italy to US. Claimed didn’t know actions were illegal in US (would’ve been legal in Italy)
Moncini issue
does due process impose limitations on applicability of maxim “ignorance of law no excuse”
Moncini holding
No mistake of law defense recognized here
Moncini says that when D had ______ and only claims ____ then mistake of law seldom recognized
whatever mental state required for crime, unaware conduct forbidden by criminal law
“ignorance of law no excuse” carries ___
a lot of force and hard for courts to get around
Moncini reasoning
(1) everyone responsibility to know criminal laws
(2) if act commonly regulated/criminalized around the world a person is on notice country might crim
(3) statute doesn’t contain any language requiring M knew his specific action unlawful
For Moncini, evidecne that he knew ___ was sufficient
he was mailing
Moncini says that if D engages in behavior that is morally wrong, then ___
already in the wrong even if he didn’t know it was illegal
Why everyone responsibility to know crim law?
(1) concerned people will say just don’t know (but judge/jury could just not believe
(2) provides incentive to remain ignorant
Hamling facts
D sent obscene materials through the mail advertising how to purchase a govt report about sex with added visual graphics
Hamling statute
“whoever knowingly uses the mail for mailing anything declared by this section to be nonmailable
Hamling defendants argued that mens rea requires both proof of ____ AND ___
knowledge of contents of material, awareness of obscene character
Hamling holding
Sufficient for prosecution to prove D knowledge of contents and that he knew the character of the material DID NOT need to know materials legally obscene
Hamling reasoning
(1) maxim, legal ignorance argument hard to overcome
(2) must know there was sexual stuff involved even if didn’t know obscene
Hamling dissent
If officials constitutionally allowed to report on obscenity, see nothing in 1A that allows us to ban use of glossary to illustrate what report describes
Dissent says that Hamling marks everyone dealing in sexual materials as ___
sketchy so maybe should have to prove something else
Poster N things facts
PNT specialized in sale of drug paraphernalia and charger with violating act prohibiting sale of para
PNT statute
unlawful for any person to sell para meaning any equipment primarily intended or designed for drug use
Primarily intended in PNT statute might refer to ___
D state of mind and require D knew that items at issue would be used with drug
PNT statute could also be read to lack ___
lack mens rea element
PNT holding
Sufficient that D be aware that customers in general are likely to use the merchandise with drugs
PNT says knowledge requirement in this context does not require ___
knowledge that a particular customer will actually use a paraphernalia item with illegal drugs
PNT reasoning
(1) designed or marketed for use with illegal drugs even if potential other uses
(2) think convicting all para sellers too broad
(3) court rejects MPC approach of applying recklessly everywhere
PNT did not have to prove that ___
they knew it was legally considered drug paraphernalia
X citement facts
Owner of adult video store sold film of underage performer. Knew of underage performances but didn’t know which films contained them
X Citement Question
Does knowingly apply to nature of film only OR nature of film and that minor was used?
X Citement holding
Knowingly applies to use of a minor –> Govt must prove D knew he was transporting something + knew it was a visual depiction + knew if it contained minor engaging in sexually explicit content
X Citement says that if knowingly only applied to first section then __
it would capture too many people, would make anyone who ships porn liable even if didn’t know it was child porn
How is X citment different than Hamling
Hamling says only have to prove knew it was sexually explicit (X ciement came after)
X citement is reluctant to ____ and rather chose to read the statute ____
follow strict grammatical reading, read the statute broadly based on past cases where this was the preference (Morissette)
