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Exam III > Homicide > Flashcards

Homicide Flashcards

1
Q

What does the Felony Murder Rule Do?

A

Dispenses with premeditation and malice as elements of 1st degree murder

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2
Q

Express Malice

A

When there is manifested a deliberate intention to take away the life of a fellow creature.

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3
Q

Implied Malice

A

When a killing results from an intentional act, the natural consequences of which are dangerous to human life (not the same as doctrine of natural and probable consequences)

…and the act is deliberate with knowlege of the danger to, and with conscious disregard for life.

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4
Q

1st degree Malice Murders

A
  1. willful deliberate premeditated murder
  2. statutory 1st degree (express or implied malice)
  3. murder by discharging a firearm intentionally at another person ouside of a vehicle w/ intent to kill (express malice)
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5
Q

1st degree non-malice felony-murders

A

felonies or attempts:
1. arson
2. rape
3. carjacking
4. torture
5. act punishable per sec. 286, 288, 288a, ot 289

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6
Q

Distinction between Lying-in-wait 1st degree murder and special circumstance lying-in-wait

A

requirement that defendant intentionally kill the victim required for special circumstance

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7
Q

Torture

A

act or process of inflicting severe pain, as punishment, in order to extort confession, or in revenge [of for any other sadistic purpose]… and implies an intent to cause pain and suffering in addition to death

note: victim need not be aware of the pain

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8
Q

meaning of “deliberate” in homicide law

A

formed or arrived at or determined upon as the
1. result of careful thought and
2. weighing of considerations for and against the proposed course of action and
3. having the consequences of killing in mind

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9
Q

Anderson factors

A

Appellate standard used to assess sufficiency of evidence on P&D:
1. Planning activity
2. facts about relationship between D and victim from which motive could be inferred
3. anything about the manner of the killing from which a preconceived plan can be inferred?

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10
Q

Premeditated and deliberated Malice Murder Lessers

A
  1. second degree murder
  2. voluntary manslaughter
  3. involuntary manslaughter
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11
Q

Lessers to 1st degree murder by drive by shooting

A
  1. second degree murder (on groungs of act dangerous to life i.e. not “intentionally shooting at victim” or not “intending to kill”)
  2. manslaughter - on sudden quarrel or heat of passion theory or imperfect self-defense
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12
Q

What does SB 1437 do?

A

SB 1437 bars felony murder liability unless:

  1. was actual killer, or
  2. Aider & abetter (sec. 31)
    • W/ intent to kill, aided and abetted killer in 1st degree murder
      — OR—
    • ’ major participant’ in underlying felony
    • Acted with reckless disregard to human life
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13
Q

can a defendant be convicted as an aider to an implied malice murder?

A

The defense argues that an aider can only be guilty if he specifically intends to kill the victim, and specifically intending to kill is express malice, not implied malice, so there’s no such thing as aiding an implied malice murder.

C/A rejects this: “an aider and abettor who does not expressly intend to aid a killing can still be convicted of second degree murder if the person knows that his or her conduct endangers the life of another and acts with conscious disregard for life.”

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14
Q

PC 12022.53

A

3 different enhancements:
(b) 10yrs for personal use of a firearm
(c) 20yrs for personal used and discharge
(d) 25yrs- life for personal use, discharge resulting in GBI/ death

** enhancements can be striken by court; court can choose to impose lesser enhancement even if found true by jury
** NO 12022.53(e) [vicarious liability] and 186.22(b) unless against person personally armed

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15
Q

3rd Strike Sentencing [2+ PRIOR STRIKES]

A

Each count sent. to 25-Life OR 3x max- Life; whichever is greater

ex//
1st-PC 187 = 75 to Life [25 x3)
2nd- PC 187= 45 to Life [15 x3]
1st- PC 459 + (5y priors x 4) = 26 to Life + 20y
** Life plus; determinate portion added after life;
** all Indeterminate sentences served CONSEC

ex//
BEWARE THE SENTENCED PRISONER*

1 prior strike & PV case [PV doesn’t have to be for strike]:
–> IF sent on PV 1st THEN strike mandatory CONSEC; D becomes person “Already Serving” “any other sentence” [667(c)(8)]
–> IF sent on strike 1st THEN not mandatory conseq

2 prior strikes & PV: CONSEC regardless of sentencing order bc 3RD STRIKE SENTENCE IS ALWAYS CONSEC PER 1170.12

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16
Q

Sentencing w/ 1 PRIOR STRIKE

A

Multiple new strikes charged? –> CONSEC per 1170.12(a)(7)

Multiple new felonies charged? –> CONSEC sent per 1170.12(a)(6)

17
Q

667a 5y priors

A
  • Juv adjudications don’t count
  • Court has discretion to strike it
  • charged together or tried together = only 1, 5yr prior even if convicted on multiple counts
18
Q

default term

A

mid-term per SB 567 unless circumstances in aggravation proved/ stip’d

low-term if supper mitigators and court does not find “aggravating circumstances outweigh mitigating circs”

19
Q

Super Strike Sex Offences

A

667.61(a) and (b)

20
Q

Capital Murder

A

190.2 = death eligible

21
Q

Definition: Murder

A

Unlawful killing of human or fetus with malice aforethought

22
Q

1st degree murders?

A
  1. Intentional with P&D
  2. Statutory 1st degree
  3. Felony murder
  4. Shooting from vehicle with intent to kill
23
Q

Express Malice Murders (1st degree by definition)

A
  1. Willful w/ P&D
  2. Lying in wait
  3. Shooting from a vehicle with intent to kill (premeditation NOT required)
  4. Aiding and abetting FELONY MURDER (doesn’t have to be 1st degree per current case law)
  5. Uncharged conspiracy to commit murder (so they just charge the murder instead)
24
Q

1st degree Implied Malice Murders

A
  1. Felony murder
  2. Some statutory murders
25
Q

12022.5

A

3/4/10 years for personal use
(Aggravated triad for machine gun)

26
Q

12022.1

A

1yr for being personally armed

27
Q

1866.22(b)(5)

A

15 to life for offenses punishable by love term (does not apply to premeditated murder)

28
Q

2nd degree Murder

A
  1. (Aider and abettor) provocative act murder; ex// Mely :(
  2. Intentional murder w/o P&D
  3. 2nd degree felony murder (offense not listed in $189)
  4. Implied Malice non-intentional murder (Watson murder)
  5. Shooting from car w/o intent to kill (intent to injure/GBI)

Exam III (4 decks)

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