Handout #3 (terms)

Question 1

Voluntary Manslaughter

Answer 1

A killing that seems intentional or extremely reckless, but on further examination, we can see the defendant was not operating in the same mental state as malicious actors

• Sentence of about 6 years instead of 15 to life that murder imposes
• D is so unhinged that his actions are considered as much the fault of the victum as of the defendant (middle ground between murder and no crime)
• A GI CRIME
• Partial defence (Excuse: Something wrong with the Def and Justification: Had it coming for them/deserved)

Question 2

Test for voluntary manslaughter

Answer 2

Subjective and Objective;

Subjective: Take into account the actor’s background and previous circumstances surrounding the incident

Objective:
Actors actions and mindset must line up with the public observable world. (Would a reasonable person act the same way?)

Who decides? JURY

• Was there sufficient provocation(trigger)?
• Was their sufficient cooling-off?

Question 3

Heat of passion(CA) v. EED(MPC)

Answer 3

NOT THE SAME

Heat of passion(OLD): The immediate “hot blood” that prevents one from reflecting(making a reasonable decision)

EED(NEW)(greene): Significant mental trauma may not be immediately apparents, yet may diminish a person’s mental capacity in a way that is criminally culpable

Question 4

Habeas Corpus

Answer 4

Federal Habeus Corpus: Requires

(1) final trial judgement;
(2) appeal as of right has been decided against defendant;
(3) State high court has affirmed ruling or denied review. [basically, you must have exhausted your claims in state court before you can remove to federal court]

Question 5

Parasitic Speech

Answer 5

PLays on ordinarily serious speech, but is NOT real (Song lyrics/ speech in play)

-Greene’s defense

Question 6

Provocation

Answer 6

action or speech that makes someone annoyed or angry, especially deliberately.

Question 7

Diminished Capacity

Answer 7

Lack of mental capacity to form required mental state (Malice) for SI crimes

-CA legislature got rid of this as a defence b/c of public policy which would have worked for SPURIN

Question 8

Diminished actuality

Answer 8

California law still allows a defense based on a mental infirmity (such as mental disease or disorder) to negate the mental state of specific intent

Question 9

Burden of production

Answer 9

Defendant(Greene) must raise EED at trial and must introduce sufficient evidence first

Question 10

Burden of persuasion

Answer 10

Prosecution has to disprove durden of production beyond a reasonable doubt

Question 11

Appeal as of right

Answer 11

An appeal “as of right” is one that is guaranteed by statute or some underlying constitutional or legal principle. The appellate court cannot refuse to listen to the appeal

-Part 2 of habeas corpus