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
What is a deadly weapon?
Something which, in the manner used, is calculated or likely to produce death or serious bodily injury
How do you determine if a weapon is deadly?
A. What is it intrinsically? Loaded gun, daggers, swords, axes, iron bars, baseball bats, bricks, rocks…etc. hands and feet also count when they are used repeatedly or on a smaller person
B. How is it used?
What are other ways that you can produce an intentional death?
A) purposely leaving open the window on a cold winters day near a sick person
B) words: if you perjure someone into the electric chair, tell a blind man to walk off a cliff
What is causation?
The conduct that is the legal cause of death. Must be either a substantial factor in bringing about the death, or the actual result
What is manslaughter at common law?
The unlawful killing of another human being without malice aforethought
What is heat of passion voluntary manslaughter?
The intentional killing of another while under the influence of a reasonably induced emotional disturbance/heat of passion, causing a temporary loss of normal self-control.
What is heat of passion?
Emotional disturbance. Generally rage or great anger, but can be fright, terror, or wild desperation
What must you prove to have an intentional killing reduced to voluntary manslaughter?
- reasonable provocation
- defendant was actually provoked
- reasonable man so provoked would not have cooled off between the provocation and the fatal blow
- defendant must not have cooled off during that interval
What is reasonable provocation?
Provocation that causes a reasonable man to lose his normal self control and kill
What are some things that are automatically considered reasonable provocation?
Defendant or close relative being hurt by physical blows, unlawful arrest, discovering a spouse’s adultery
Can battery be a provocation?
If it is a violent/painful blow
*** defendant must not have started the violence
Can mutual combat be a provocation?
Yes because the intention to kill is formed during the struggle, and manslaughter comes out of the suddenness of the occasion
Can assault form the necessary provocation for manslaughter?
Split in the cases,
some say yes: attacker fires a pistol, most say no
Can a legal arrest constitute provocation for manslaughter?
Split,
but lawful arrest is never provocation
Can adultery be sufficient provocation for manslaughter?
Yes if the spouse finds out about the other’s adultery. Also works if the person erroneously believed there was an affair.
Must be a spouse, no other relationship counts
Can words alone constitute provocation for manslaughter?
Yes, if they are informational.
No if they are insulting or abusing
Can injuries to third persons constitute provocation for manslaughter?
Yes if it is a close relative.
No if it is a friend or distant relative
Can the defendant’s individual qualities be considered under the reasonable man theory?
Mental qualities: no,
physical abnormalities: yes
What is the MPC’s take on manslaughter provocation?
Murder is only manslaughter if committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. Reasonableness is determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be. Subjective and takes into account the actor’s situation. Looks at whether the actor’s loss of self-control can be understood in terms that arouse sympathy in the ordinary citizen
What does actual provocation really mean?
Defendant must be provoked by victim’s conduct. If the defendant is someone who cools down fast, then he killed in cold blood, and it was not manslaughter
What are the two views on reasonable time to cool off?
A) majority view: if the reasonable man would have cooled off between the provocation and the deathblow it is not manslaughter
B) minority view: eliminates the reasonable time test. Focuses on reasonable and actual provocation and the particular person
How does rekindling work under provocation?
If a considerable amount of time has passed, and something happens that rekindles the D’s passion, the cooling-off period starts with the new occurrence
How does a series of events work for provocation?
Provocation can come from a series of events occurring over a considerable span of time. The cooling time starts at the occurrence of the last provocative event
What is the rule for actually cooling off?
One who, in full possession of his faculties, kills another without justification or excuse commits murder, and it is no help to his cause that an ordinary man would not have held his emotions under control
How can you be provoked from someone other than the person killed?
a. Defendant was mistaken: manslaughter
b. Defendant attempted to kill his provoker but instead killed an innocent bystander: manslaughter (transferred intent)
c. Defendant strikes out in rage at a third-party: murder, not manslaughter
What are the two types of murder under criminal statutory law?
first degree murder
Second degree murder
What is the definition of first-degree murder under criminal statutory law?
I) premeditated and deliberate killing
- split in jurisdictions: some say this can be formed in an instant, some say it requires reflection
II) A killing that took place during the commission of a dangerous felony
- split: some say a dangerous felony is one that by definition is dangerous (rape, burglary) others say anything felony committed in a dangerous way
What is the criminal statutory definition of second-degree murder?
Intent to cause serious bodily harm and the depraved indifference to the value of human life state of mind
What are the three types of common-law manslaughter?
I) voluntary manslaughter
II) involuntary manslaughter
III) misdemeanor manslaughter
What is voluntary manslaughter according to common law?
An intentional killing that takes place during the heat of passion right after legal provocation ie ) finding your spouse in bed with someone else
What is the common-law definition of involuntary manslaughter?
The reckless killing of a human being that requires a gross or major deviation from ordinary behavior
What is the common-law definition of misdemeanor manslaughter?
If you cause the death of another human being during the commission of a misdemeanor: manslaughter
What is negligent homicide under statutory law?
Homicide that is very negligent, but not quite reckless
What is the majority view on premeditation and deliberation?
They can be formed in an instant and does the same thing as intend to kill
What is the minority view on premeditation and deliberation?
They require some meaningful reflection before the act of killing
What is the MPC’s definition of human being?
A person who has been born and is alive
What is the MPC’s definition of bodily injury?
Physical pain, illness or any impairment of physical condition
What Is the MPC’s definition of serious bodily injury?
Bodily injury that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member organ
What is the MPC’s definition of a deadly weapon?
The firearm, or other weapon, device, instrument, material or substance, which can be used in any manner known to be capable of producing death/GBI
