Midterm Terms for Crim Law

Question 1

Specific intent

Answer 1

i. Requirement that act be accomplished for specified purpose
ii. E.g. burglary
iii. Assault with intent to commit murder

Question 2

General Intent

Answer 2

i. Requirement that accused knew s/he was doing the thing the law prohibits
ii. E.g. assault with deadly weapon, kidnapping
iii. Recklessness (gross negligence)
1. No intent to harm, but performs an act which is likely to cause harm to others.
a. E.g felony vehicular manslaughter

Question 3

Mens Rea-MPC–Purposely

Answer 3

conscious object to engage in conduct

Question 4

Mens Reas-MPC-Knowingly

Answer 4

awareness of high probability of result

Question 5

Mens Rea-MPC-Recklessly

Answer 5

conscious disregard of risk

Question 6

Mens Rea-MPC- Negligently

Answer 6

failure to perceive risk should’ve perceived

Question 7

Mens Rea-MPC-Voluntary Intox

Answer 7

not a defense to crime requiring recklessly or negligently

Question 8

Mens Rea-MPC-Strict Liability

Answer 8

No intent required

Question 9

Homicide

Answer 9

causing the death of a human being

Question 10

Elements of Homicide

Answer 10

causation, death, human being

Question 11

Homicide-Causation

Answer 11

Causation is only an issue if there is more than one credible cause of death

Question 12

Homicide-human being

Answer 12

a. Common Law: killing fetus or unborn child not homicide unless child born alive and thereafter died from in utero wounds (born alive rule)
b. California: Murder = unlawful killing of human being or fetus with malice aforethought (abortion not murder)

Question 13

Homicide-death

Answer 13

i. Common law: heart & respiration must have stopped

ii. California: irreversible cessation of brain activity (brain dead)

Question 14

Merger Doctrine

Answer 14

i. A criminal attempt merges into the target offense, if it is successfully completed.
ii. If underlying felony is integral part of (assault), with no independent purpose, can’t form basis for felony murder
iii. E.g., felony child abuse, assault with deadly weapon, burglary where intent is assaultive behavior [They merge into homicide]
iv. For 2nd Degree Felony Murder, underlying felony must not be assaultive crime involving threat of immediate violent injury

Question 15

Premeditation

Answer 15

a. Deliberation
b. Reflection
c. Thinking beforehand
d. Weighing the pros and cons
e. reasoning for period of time (may be short)

Question 16

Implied Malice Murder

Answer 16

a. Actual (subjective) appreciation of high degree of risk that is objectively present
b. High probability the act will result in death
c. Act must be done with a base antisocial purpose
d. And with a wanton disregard for life

Question 17

Gross negligence

Answer 17

i. Committing dangerous act in unlawful or negligent manner without realizing risk

Question 18

Suicide Causation

Answer 18

i. Where D does act so cruel & revolting that death is preferable to life (causing V to commit suicide)= liable for homicide

Question 19

Assisted Suicide

Answer 19

1. No constitutional right to assisted suicide
2. D only liable for murder if death was direct & natural result of D’s act
3. Where D merely involved in events leading up to death (providing means), liable for assisted suicide

Question 20

Suicide Pact

Answer 20

1. Generally, survivor is guilty of murder

2. Surviving = suspicion that survivor entered into pact in less than good faith.

Question 21

Felony Murder

Answer 21

killing of a human being without the intent to kill

Question 22

Felony Murder 2nd Degree

Answer 22

During perpetration of other, non-specified felony inherently dangerous to human life (e.g. shooting at a house, burning motor vehicle, manufacturing meth)

Question 23

Felony Murder 1st Degree

Answer 23

During perpetration or attempted perpetration of specified felonies (arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wreck, sex offenses, torture)

Question 24

Felony Murder–Inherently dangerous felony

Answer 24

high probability of death using crime in abstract, the way the statute was violated

Question 25

Murder

Answer 25

unlawful killing of a human being with malice aforethought

Question 26

Murder–Express Malice

Answer 26

intent to kill in First Degree (premeditation) or 2nd Degree (no premeditation

Question 27

Murder–Implied Malice

Answer 27

conscious disregard of high risk of death with no intent to kill 2nd Degree

Question 28

Merger Doctrine

Answer 28

If underlying felony is integral part of (assault), with no independent purpose, can’t form basis for felony murder.
e.g. felony child abuse, assault with deadly weapon, burglary where intent is assaultive behavior (they merge into the homicide)
To support 2nd degree FM underlying felony must not be assaultive crime involving threat of immediate violent injury

Question 29

Voluntary Manslaughter

Answer 29

Usually intent to kill
provocation–negates malice (not implied malice)
Unreasonable self-defense
Extreme emotional disturbance–negates malice

Question 30

Involuntary Manslaughter

Answer 30

No intent to kill
diminished capacity/actuality
voluntary intoxication
mental illness
During misdemeanor: unintended homicide is result of inherently dangerous misdemeanor
Gross negligence: committing dangerous act in an unlawful or negligent manner w/o realizing risk