Midterm Review Key Points Flashcards
Is “Substantial Factor” in homicide an alternative to “but for” actual cause?
Yes
Can you give an example of a substantial factor (multiple sufficient cause) situation in homicide?
Ed’s example of two people, unknown to each other, intending to kill someone at a party. One walks up and shoots the victim, the other stabs the victim. Both would have resulted in death, by themselves, so “but for” does not work.
What three crimes constitute Wanton conduct per se?
Russian Roulette
Shooting into an occupied structure or vehicle
Engaging in a shootout with police
For the essay, if Wanton conduct is NOT one of the per se examples, say “if the court does not find that this is wanton conduct, it may be reckless conduct” and then go into involuntary manslaughter. Correct?
Yes
Be careful on wanton conduct - just a felony (including robbery) does NOT amount to wanton conduct INCLUDING and especially using an unloaded or toy gun. How can there be a HIGH RISK of death with a toy or unloaded gun? Correct?
Correct
What felonies cannot be used for felony-murder under the merger doctrine?
Assault with a deadly weapon Aggrivated assault Aggravated battery Murder Manslaughter
For the essay, if the predicate felony is not collateral or independent, you would say, “these cannot be used because they are not independent or collateral and they merge into the killing itself.” Correct?
Correct
For Expanded Redline, it means that if an innocent person dies at the hands of another innocent person, the felons are NOT liable under felony murder. Correct?
Correct
Basically, it means that a felon is NOT liable for felony murder if a co-felon dies at the hands of a resisting victim or innocent third party (redline) AND NOT liable if an innocent person dies at the hands of another innocent person (expanded redline).
Under expanded redline, a felon can ONLY be liable (in an expanded redline jurisdiction) for felony murder if an innocent person is killed by a felon.
If felony-murder shows up on an essay, and an innocent person is killed by an innocent person, you would say the following:
“However, if this jurisdiction does not follow the expanded redline view, then the defendant is guilty of felony murder.
“If they do follow the expanded redline view, then the next best theory would be involuntary manslaughter.” And THEN define and go into involuntary manslaughter. Correct?
Correct
Under Involuntary Manslaughter, what two examples are passion/provocation per se?
Adultery and staggering blow are passion/provocation per se and will almost always satisfy passion and provocation.
Is “unreasonable” mistake a defense to manslaughter?
Unreasonable mistake is NO defense to manslaughter.
Under Involuntary Manslaughter, can you discuss the two components of imperfect self defense?
1 If the defendant started the altercation and never regained the priviledge to use force (and killed the other person).
- Defendant unreasonably, but honestly, believed in necessity of using force.
For murder, mental illness (short of insanity) and voluntary intoxication will NOT mitigate to manslaughter. Correct?
Yes
Are all felony’s at common law MRMRSLAMB general intent crimes?
Yes
What are examples of specific intent crimes?
Strict liability crimes include:
Selling liquor to minors
Statutory rape
Parking tickets
Can Specific intent crimes have a “reasonable or unreasonable mistake of facts” or “voluntary intoxication” defense?
Yes, specific intent is a fragile mental state. Many defenses.
Is intoxication (being too drunk )to premeditate or deliberate a defense to first degree murder?
Yes
Is murder a malice crime?
Yes
And first degree murder is a specific intent crime?
Yes
Do specific intent crimes include SAC crimes?
Yes
Is intoxication a defense to malice crimes?
No
Are ALL theft crimes specific intent?
Yes
Is burglary a specific intent crime?
Yes
What crimes are malice crimes?
Murder
Arson
Mayhem
For malice crimes, “unreasonable mistake of facts” don’t work. Only “reasonable” mistake of fact.
Correct
What crimes are general intent?
Manslaughter Rape Battery Kidnapping False imprisonment
Burglary - make sure the evil mind caused the evil act. Be careful on burglary. Correct?
Yes
For burglary, will opening a medicine cabinet or wall safe satisfy the interior door doctrine?
Yes
Can the trespassory element of burglary be implied from the act of breaking (opening) and entering (crossing a threshold). Even if the occupant has a key?
Yes
For burglary, once the person crosses over the threshold with the requisite men’s rea, the burglary is COMPLETE. This INCLUDES EVEN JUST THEIR HAND. Correct?
Yes
Burglary WRONG ANSWER ALERT - it DOES NOT have to be the persons PRIMARY residence. ONLY a residence used REGULARLY. Often asked as a TRICK question. EVEN a cabin you haven’t been to IN YEARS. It is still a dwelling house. Correct?
Yes
Dwelling house - while you cannot commit a burglary of your own house, you CAN commit a burglary if you have a roommate and enter their bedroom. Their bedroom becomes the threshold. Correct?
Correct
Nighttime - watch this, if it doesn’t say “one night” or “at night” it CANNOT BE common law burglary. Correct?
Correct
MODERN burglary includes structures other than dwellings - even a Salvation Army drop box. Correct?
Correct
For arson, the “fiber of the wood” means the STRUCTURE. There MUST be damage to the STRUCTURE. Correct?
Yes
Watch for the word CHARRED. If it says charred, you’re good to go. There’s a burning. Correct?
Yes
Arson is a crime of habitation, not ownership. If a renter burns his own rental, it’s NOT arson. If you own it and rent it and YOU burn it, it IS arson. Correct?
Yes
Common TEST TRAP, for Arson. They will say it is a specific intent crime. IT IS NOT. It is a MALICE crime. Correct?
Correct
Watch for Arson TEST TRAP, reckless disregard for an obvious risk. This is MALICE. Intent to burn or the burning occurred “because of a reckless disregard for an obvious risk.” Correct?
Correct
NO FAULT SELF DEFENSE TEST TRAP - “he’s liable because he could have retreated safely”. There is NO DUTY TO RETREAT in self defense, even if deadly force is necessary. ALSO, YOU DO NOT have to be in your own HOME. It makes NO difference. Correct?
Correct
