Homicide

Question 1

Define Second-Degree Murder

Answer 1

requires that the defendant caused the death of the victim and that the killing was done with malice and without justification. Malice is the intent to kill, intent to do great bodily harm, or the intent to create a high risk of death or great bodily harm with knowledge that death or great bodily harm will be the probable result. Malice may be inferred from the facts and circumstances of the killing.

Question 2

Define Imperfect Self-Defense

Answer 2

a qualified defense that can mitigate second-degree murder to voluntary manslaughter. It negates the element of malice. The determination as to whether this defense is permitted is based upon the intent with which the accused brought on the quarrel or difficulty. Malice may be inferred.

Question 3

Define Armed Robbery

Answer 3

1. An Assault;
2. a felonious taking of property from the victim’s presence or person;
3. while the defendant is armed with a dangerous weapon.

Any person who shall assault another and shall feloniously rob, steal and take from his person, or in his presence property which may be subject of larceny, such robber being armed with a dangerous weapon or any article used or fashioned in a manner to lead the person so assaulted to reasonably believe it to be shall be guilty of a felony. It requires that the robber be armed with a dangerous weapon, or any article used or fashioned in a manner to lead the person so assaulted to reasonably believe it to be a dangerous weapon. There must be some article or object that the assailant possesses, and it is used in a manner to induce the reasonable belief that this article is a dangerous weapon.

Question 4

Define Unarmed Robbery

Answer 4

provides that any person who by putting in fear, feloniously robs or takes from the person of another any property which may be the subject of the larceny.

Question 5

Define Assault with Intent to Rob while unarmed

Answer 5

requires an assault, which has been defined for the purpose of this statute as containing a mental element where the actor engages in some form of threatening conduct designed to put another in apprehension of an immediate battery. It is not a requirement that the accused possess the actual ability to carry out the threat- as long as the victim reasonably apprehends an imminent battery.

Question 6

Define Felonious Assault

Answer 6

Elements: 1. simple assault;
2. aggravated by the use of a weapon; and
3. including the element of present ability
or apparent present ability to commit a
battery.

Question 7

Define Assault

Answer 7

included in the definition of assault is an act that places another in reasonable apprehension of receiving an immediate battery.

Question 8

What element is the same in both resisting arrest and fleeing and eluding the police

Answer 8

The Court of Appeals has concluded that the necessary element of lawful arrest that exists on a charge of resisting arrest also applies to a charge of fleeing and eluding. An essential element of fleeing and eluding is that the attempted stop must have been lawful and to be a lawful stop, the officers must demonstrate that they had probable cause for the stop. Without probable cause, an essential element of the crime does not exist.

Question 9

What are the elements necessary to support a finding of aiding and abetting a felony murder case?

Answer 9

1. felony murder was committed by the defendant or some other person
2. The defendant performed acts or gave encouragement that assisted the commission of felony murder
3. The defendant intended the commission of felony murder or had knowledge that the principal intended its commission at the time he gave aid and encouragement

Question 10

Define Arson

Answer 10

The willful and malicious burning of any dwelling house, either occupied or unoccupied.

Question 11

Define Malice

Answer 11

the intent to kill, the intent to do great bodily harm, or the wanton and willful disregard of the likelihood that the natural tendency of defendant’s behavior is to cause death or great bodily harm.

Question 12

Define necessarily included lesser offenses

Answer 12

encompasses situations in which it is impossible to commit the greater offense without first having committed the lesser.

Question 13

Define Cognate lesser included offenses

Answer 13

those that share some common elements and are of the same class or category as the greater offense, but have some additional elements not found in the greater offense.

Question 14

Define Aiding and Abetting

Answer 14

An aider and abettor is one who procures, counsels, aids, or abets in the commission of an offense.

To support a finding that a defendant aided or abetted a crime, the prosecution must show that:

1. the crime charged was committed by the defendant or some other person;
2. the defendant performed acts or gave encouragement that assisted the commission of the crime; and
3. the defendant intended the commission of the crime or had knowledge that the principal intended its commission at the time he gave aid and encouragement.

Aiding and Abetting means to assist the perpetrator of a crime. An aider and abettor is one who is present at the crime and by word or deed gives active encouragement to the perpetrator of the crime, or by his conduct makes clear that he is ready to assist the perpetrator if such assistance is needed.

Question 15

Define Self-Defense

Answer 15

A killing in self-defense is justifiable homicide if the defendant honestly and reasonably believed that his life is in imminent danger or that there is a threat of serious bodily harm.

Question 16

Who bears the burden of proof in self-defense cases?

Answer 16

The prosecutor bears the burden of disproving it beyond a reasonable doubt

Question 17

What is the used when defendant uses deadly force for self-defense?

Answer 17

a. defendant honestly and reasonably believed that he was in danger
b. the danger which he feared was serious bodily harm or death
c. the action taken by the defendant appeared at the time to be immediately necessary, i.e. defendant is only entitled to use the amount of force necessary to defend himself.

Question 18

Define Double Jeopardy Clause

Answer 18

The Michigan Constitution protects a person against being placed in jeopardy twice for the same offense. This prohibition protects a person against three specific types of jeopardy:

1. one may not be prosecuted a second time for the same offense after an acquittal.
2. one may not be prosecuted a second time for the same offense.
3. one may not be punished more than once for the same offense.

Question 19

What is the Blockberger Test

Answer 19

Michigan applies the Blockberger test to determine if the subsequent offense has the same elements as the first conviction. The test is whether the two charges require proof of the same elements.

Question 20

What are the elements for Concealed Weapon in vehicle offense

Answer 20

when a defendant is charged with carrying a concealed weapon in a vehicle, the prosecution must provide each of the following elements beyond a reasonable doubt:
1. that the instrument or item was indeed a dangerous weapon, in this case a gun.
2. that the dangerous weapon was in a vehicle that
defendant was in.
3. that the defendant knew the instrument was in
the vehicle.
4. that the defendant took part in carrying or
keeping the dangerous weapon in the vehicle.

Question 21

What are the elements for First-Degree Premeditated Murder?

Answer 21

1. First-degree premeditated murder: The elements of the offense are:
   
   1. defendant caused the death of the deceased
   2. defendant intended to kill the deceased
   3. the intent to kill was premeditated
   4. the killing was deliberate
   5. the killing was not justified or excused under the
      law

Question 22

What is the Corpus Delecti Rule?

Answer 22

provides that a defendant’s confession may not be admitted unless there is direct or circumstantial evidence independent of the confession establishing:

1. the occurrence of the specific injury; and 
2. some criminal agency as the source of the injury