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.