Handout #2 (Terms(ppl v. Watson and ppl v. Whitfield) )

Question 1

Implied malice murder (CA Penal code S187)

Answer 1

Elements:

1) Unlawful killing
2) of a human or fetus
3) With malice aforethought(premeditated)

Question 2

Grossly Negligent

Answer 2

A conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.

Question 3

MPC S210.4 - Negligent homicide

Answer 3

1) Criminal homicide constitutes a negligent homicide when it is committed negligently
2) Negligent homicide is a felony of the third degree

Question 4

Implied Malice

Answer 4

Defendant does an act with a high probability that it will result in death and does it when a base antisocial motive and wanton disregard for human life

-A subjective(in ones own mind) awareness of a higher degree of risk

Question 5

Express Malice

Answer 5

Intentional killings

Question 6

CA Penal code 654

Answer 6

Statute that prohibits two or more punishments for the same criminal act or omission.

Question 7

General Intent

Answer 7

Have NO FUTURE or consequence contemplated, no temporal division between blunt action and its consequence

Question 8

Specific Intent

Answer 8

Defendant also has intent to do some further act or achieve some further consequence

Question 9

Horizontal(temporal) SI

Answer 9

One act now (entering a building), done with specific intent of accomplishing some other act in the immediate future (stealing) THUS: burglary

EX:
Larceny(theft) 
-Trespassory 
-Taking
-Of property 
-Of another(now)
-With SI to permanently deprive (later) 

Conspiracy

• agreement between 2 or more people (now)
• with SI to commit crime (later)

Attempt:

• Direct, but ineffectual, act performed now
• SI for act to succeed later

Premeditated & deliberate 1st degree murder

• Thinking about the planning, motive, and manner of killing (now)
• Acting with intention to kill another (later)

Express Malice 2nd degree murder

• Act done now
• With an intention to cause the death of the victim soon

Question 10

Voluntary Intoxication as Defense

Answer 10

Inadmissible to negate general intent crime (it is a defence to SI, but not GI crimes)

-reduces SI crimes to a lower degree

Question 11

De Novo

Answer 11

Starting from the beginning

• If the facts are not in dispute, the appellate court reviews in the beginning(De Novo)
• Watson (dissent BIRD) The majority only looked at the facts from the De Nova(Red light instead of green light)

Question 12

Deference

Answer 12

Humble submission and respect

Question 13

Interlocutory appeal

Answer 13

An appeal of a ruling by a trial court that is made before the trial has concluded
Watson: The Prosecutor appeals the dismissal of the charged

Question 14

Standard of review

Answer 14

• The appellate court must show deference to the trial court regarding pure factual questions
• Appellate court will not address factual disputes resolved in trial court

Thus:
-If facts are disputed, then appellate court DEFERS to the trial court (master of the facts)

-If not disputed, the Appellate court reviews DE NOVA

Question 15

Strict Liability

Answer 15

Not all crimes require identical proof - some minor crimes (SL) require proof ONLY that the act was comitted

-Cannot be excused based off of accident, intoxication and mistake

EX: Speeding: You dont have to hurt anyone to be in trouble

Question 16

2nd degree murder (implied malice)

Answer 16

First must examine his state of mind at the time of the act

-When a person knows that his conduct endangers the life of another and nonetheless acts deliberately with conscious indifference to the consequences (death of another) (Defendant appreciated(knows) of the risk)

Question 17

Gross Vehicular manslaughter (Gross Negligence/implied malice)

Answer 17

Exercise so slight a degree of care to raise the presumption of conscious indifference to the consequence

-If a reasonable person in defendant’s position would have been ware if the risk involved, then the defendant is presumed to have such an awareness