Homicide, Property, and Other Crimes

Question 1

What is Common Law Murder?

Answer 1

Murder is the unlawful killing of another committed with malice aforethought. Includes:

Intent to kill: Conscious desire to cause death or substantial certainty that death will result

Intent to inflict serious bodily harm: Conscious desire to cause serious physical injury or substantial certainty that such injury will result

Depraved-heart murder: Reckless disregard for high risk of death or serious bodily harm (i.e., abandoned & malignant heart murder)

Felony murder: Killing during the commission or attempted comission an inherently dangerous felony (i.e., BARRK—burglary, arson, rape, robbery, kidnapping)

Question 2

Agency Theory re: Felony Murder

Answer 2

The felon will not be liable for the death of a bystander caused by a victim resisting the felon, or a police officer, because neither person is the felon’s agent.

THIS IS THE MAJORITY VIEW

Question 3

What is the causation requirement for homicide cases?

Answer 3

Actual and Proximate Cause

Question 4

What is the Redline doctrine/Agency Theory?

Answer 4

A defendant is not guilty of felony murder when a co-felon dies at the hands of a victim or the police.

Majority view!

Question 5

What are the elements for False Pretenses?

Answer 5

1) Obtained title to (i.e., ownership of) another’s property (e.g., cash)

2) By knowingly misrepresenting a past or present material fact upon which the victim relied and

3) Did so with the specific intent to defraud.

To prove reliance, the prosecution must establish that the defendant’s misrepresentation was a significant factor in—or the cause of—the victim’s decision to pass title to the property to the defendant.

Question 6

What are the elements of Larceny?

Answer 6

1) Trespassory Taking (i.e. taken without consent)

2) Carrying away (any slight movement)

3) Personal Property of Another

4) With intent to permanently deprive

Question 7

What are the elements of Embezzlement?

Answer 7

1) Fraudulent (intend to defraud owner)

2) Conversion (inappropriate use of property that interferes with property owner’s ability to use)

3) Of property

4) Of another

5) When in lawful possession of property

Question 8

ESSAY TIP: When someone is charged with theft, what crimes should you be prepared to talk about?

Answer 8

1) Larceny

2) Embezzlement

3) False Pretenses

4) Larceny by Trick