MD Crim Law Flashcards
concurrent intent
nature and scope of the attack, while directed at a primary vic, are such that a conclusion can be made that the perp intended to ensure harm to the primary vic by harming everyone in the vic’s vicinity. Intent to kill the bystander is concurrent w intent to kill primary target
–fact finder can reas infer that D intended to harm all who are in the anticipated zone of harm
willful blindness exists where
person believes it’s probable or something is a fact, but deliberaly avoids making reasonable inquiry w a conscious purpose to avoid learning the truth.
–a way to get to mens rea/ intent
MD law felony murder
2d murder
- intent to commit the felony stands in for the malice required for the murder
- must be direct causal connection be felony and murder
MD felony murder: killing by a co-felon: G of felony murder?
yes, if in furtherance of the underlying felony. Must be a connection be the 2
MD felony murder: killing by a person other than a cofelon- G of felony murder?
nope, UNLESS using vic as a human shield
MD the difference bt murder and manslaughter is
the absence of malice
MD motor vehicle manslaughter
D causes death of another person as a result of D’s driving, operating, or controlling a vehicle or vessel
in a grossly neg manner (wanton and reckless disregard for human life)
–
if under the influence, only need regular neg
murder or manslaughter of a viable fetus
MR:
-intend death
-intend to cause seri phys inj
-wantonly. recklessly disregarded likelihood of seri phys inj
MD: assisted suicide
felony
MR: knowingly
-causes another to commit suicide by coercion, duress or deception
-provides phys means by which a person commits or attempts to commit suicide w knowledge of the person’s intent to use such means
-participates in a phys act by which another person commits or attempts to commit suicide
2d assault
misdemeanor- CL assault or CL battery
1d assault
2d assault +
- intent cause or attempt to cause serious phys inj
- committed w firearm
-felony
reckless endangerment
MR: recklessly
- engages in conduct/ substantial risk of death or seri phys inj to another person
- discharges a firearm from a motor vehicle so as to create a substantial risk of death or seri inj to another person
- reckless= gross departure from std of conduct of law-abiding citizen.
- each person he put in harm= diff charge
1d rape
rape + aggravating factor
- dangerous weapon
- suffocate, etc, serious phys inj to V or another
- threaten V with the above
- commit while aided or abetted by another
- connected w burg
2d rape: status of the vic
-no req for force or threat of force:
mentally defective & D knows or reasonably should know, unable to consent/ resist
-under 14yo, and D is over 4y older
child abuse
parent or other person having care or custody
causes abuse to the minor.
abuse: phys inj sustained as a result of cruel or inhumane tx or as a result of a malicious act under circ that indicate that the minor’s health or welfare is harmed or threatened by the tx or act
abuse/ neglect/ vulnerable adult
caregiver, parent, care. resp
causes abuse or neglect.
1d: results in death, seri inj, sex abuse
stalking
course of conduct that includes approaching or pursing another
person intends to place or knows or reas should have know the conduct would place V in reas fear of
-seri bod inj, assult, sex offense/ rape, false impris, death
surveillance
- visual surveillance in a private place, w/o consent
- vis surveillence w prurient intent
- camera surveillance- on RP/ obs ind inside priv res
imperfect self defense
negates the malice el of murder, reduces it to manslaughter
- reg: objectively reas belief
- imperf SD: subjectively reasonable, honest belief
SOL
none on felonies or penitentary misdemeanors, beyond life of offender
