Module 6 Flashcards
What does malice mean?
A) actual intention to do the particular kind of harm that was done
B) Recklessness as to whether that harm would occur
*** has nothing to do with wickedness or ill will
What does due process require about sufficient warning?
That the law give sufficient warning so that all men can conform their conduct to avoid that which is forbidden
How can an intent to kill be proved?
Through circumstantial evidence of defendant’s acts, conduct, and words
Willful blindness is equivalent to what?
Knowledge
To act knowingly means to act with positive knowledge, but also to act with…..
An awareness of the high probability of the existence of the fact in question
What is ordinary negligence?
A risk of such a degree and nature that failure to perceive it constitutes a deviation from the standard of care that a reasonable person would observe in the situation
What is criminal negligence?
The risk is of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. More than a slight degree of negligence, it is so gross as to be deserving of both damages and punishment
What is second-degree murder?
The reckless killing of another
What is recklessness?
The conscious and unjustifiable disregard of the substantial risk that the offender’s conduct may cause a certain result or may be of a certain nature. When someone consciously and unjustifiably disregards a substantial risk that such circumstances may exist
What is an affirmative defense?
Admitting that you did the act, but saying that you should be found not guilty because of some other reason
What is possession?
And act, where the possessor knowingly procures or receives the thing possessed or was aware of his control for a sufficient period of time
What are some factors for determining possession relating to drugs?
A). Proximity to the drugs
B) whether they were in Plain-view/easily accessible to the defendant
C) if there was mutual use and enjoyment
D) if defendant had ownership or possessory interest in the location where the drugs are found
———-
*** none of this is conclusory
What is common-law definition of murder?
The unlawful killing of another living human being with malice of forethought express or implied. And intent to do serious bodily injury short of death also counts
What is malice aforethought?
An intent to kill that is thought out in advance of the killing (aka premeditated)
A) Intent to kill
B) intent to cause GBI
C) depraved/wicked heart = super reckless behavior
D) felony murder
What is felony murder?
Unintentionally killing another person in the commission of a felony, even though you did not intend to kill and did not premeditate it
What is depraved heart?
Defendant unintentionally killed another person while conducting himself in an extremely negligent way. Extreme indifference to the value of human life: super reckless behavior
When does life begin?
When you were born alive which means fully brought forth
When does life end?
When there is brain death
What is brain death?
The permanent cessation of all brain functions that, absent mechanical support, would result in cessation of other body functions as well
How do you determine brain death?
A) total lack of responsivity to externally applied stimuli and inner need (pinching)
B) no spontaneous muscular movement/respiration
C) no reflexes (pupils)
What happens if you kill someone that is already dying, or speed up their death?
Homicide
What are the common-law elements of murder?
- Must have some conduct by the defendant
- Must have an accompanying malicious state of mind
- Conduct must legally cause the death
- Some jurisdictions: year and a day rule
What is the traditional view of intent to kill?
One intends to cause a certain result under two circumstances:
A: when he desires that result
B: when he knows that such a result is substantially certain to occur
What is the modern view of intent to kill?
Intent is limited to situations where it is the actor’s purpose to cause the harmful result and the word knowledge is used to cover instances where the actor knows that the harmful result is substantially certain to occur
What is the deadly weapon doctrine?
Intentionally use of a deadly weapon or other human being and thereby kills = can presume he intended to kill
A person is presumed to intend what?
The natural and probable consequences of his acts