General theories

Question 1

Voluntary Intoxication:

Answer 1

Historically treated as equivalent of recklessness. Example of malum in se and sufficient for involuntary manslaughter.
No defense to strict liability crimes (no intent), general criminal intent or malice. BUT can negate criminal intent for specific intent crimes if he couldn’t form that intent (like no deliberation for first degree murder)

Question 2

Involuntary intoxication

Answer 2

valid defense if it renders the defendant “insane” under applicable test (apply all 3)

Question 3

Merger:

Answer 3

If you solicit someone to commit crime, CANNOT be convicted of solicitation and the completed crime OR attempt and completed crime (while for conspiracy you can be charged for both)

Question 4

Physical act element what is required?

Answer 4

must be a conscious act, can’t be unconscious and shoot someone, no crime (unless D knew he was likely to become unconscious and commit the act)

Question 5

Omission as an “act”

Answer 5

Must have 1) legal duty to act 2) D has knowledge of the facts giving rise to his duty 3) it is reasonably possible to perform the duty (legal duty=contract, statute, parent/spouse

Question 6

Malice definition:

Answer 6

1) intent to kill 2) intent to inflict great bodily harm 3) depraved heart: reckless indifference to a known high risk of death 4) in the commission of a felony (lasts until person reaches place of temporary safety)

Question 7

Inherently dangerous felonies:

Answer 7

Burglary, Arson, Rape, Robbery, Kidnapping

Question 8

Non-felon kills another non-felon during murder:

Answer 8

majority consider this felony-murder, some jx excuse the death from the felon

Question 9

Involuntary manslaughter definition:

Answer 9

a homicide committed without malice (intent to inflict slight harm; criminal negligence (obviously dangerous but not enough for depraved heart); misdemeanor manslaughter (kills during non-inherently dangerous felony OR malum in se inherently wrongful like public intoxication, larceny, misdemeanor battery)

Question 10

What is it called when you have an inherently dangerous misdemeanor vs. a misdemeanor that isn’t dangerous? (can be charged with misdemeanor manslaughter)

Answer 10

malum in se = always has been dangerous like a battery, public intoxication etc.)
Malum prohibitum = misdemeanor that isn’t inherently dangerous at all

Question 11

Self-defense:

Answer 11

can use deadly force if reasonable and necessary to repel attacker, Minority says you must retreat first, majority says no. If initial aggressor you need to retreat if you CAN

Question 12

Initial aggressor self-defense rule:

Answer 12

can’t assert self-defense unless you clearly indicate you withdraw OR you use non-deadly then they escalate to deadly force AND if safe retreat is available you have to retreat before using deadly force

Question 13

Defense of others mistake

Answer 13

as long as it is reasonable you believed they had right to use defense, you can help

Question 14

Difference in mistake for stopping a crime from occurring vs. stopping a defendant leaving the bank

Answer 14

Mistake when he walks into bank is fine (private person can use deadly force to stop a dangerous felony); mistake when he walks out is NOT OKAY for private person (only cops) (can only use deadly force to apprehend/arrest dangerous felon ONLY IF HE ACTUALLY COMMITTED)

Question 15

Ages for excuse:

Answer 15

Under 7 no criminal liability, 7-14 rebuttable presumption of no crim liability over 14: treated as adult

Question 16

4 insanity tests:

Answer 16

M’Naghten test: Don’t understand that what you’re doing is wrong OR don’t understand nature of act
Irresistible impulse test: Can’t control conduct
Model Pneal Code: Couldn’t understand OR couldn’t control
Durham test: Defendant is not guilty if crime was product of mental disease or defect