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Criminal Law 1L > Module 7 > Flashcards

Module 7 Flashcards

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0
Q

Can murder be reduced to voluntary manslaughter when the defendant intentionally killed the victim?

A

Yes

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1
Q

What is the common-law mental state required for murder?

A

Malice aforethought

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2
Q

What is voluntary manslaughter?

A

Killing someone while acting with a depraved heart after reasonable and adequate provocation

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3
Q

Is murder a required element of homicide?

A

No

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4
Q

What is the primary difference between murder and voluntary manslaughter?

A

Both crimes have malice, but with voluntary manslaughter the malice is mitigated

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5
Q

What is the test used to determine whether defendant killed after reasonable provocation?

A

Hybrid test containing both objective and subjective provocation

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6
Q

If a husband saw his wife committing adultery and he shot and killed her, how can you presume his intent to kill?

A

Because he used a gun/dangerous weapon

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7
Q

If you hit someone with your car intending to injure them but they die, how do you prove the mental state for murder?

A

Implied because you used your car/dangerous weapon

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8
Q

What is felony murder?

A

The mental state required to prove a defendant guilty of any inherently dangerous felony is always sufficient to establish malice aforethought for murder

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9
Q

How do you establish intent to do serious bodily injury murder?

A

If you intend to do serious bodily injury short of death, but you actually succeed in killing, you’re guilty of murder despite your lack of intent to kill

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10
Q

What is serious bodily injury?

A

More than plain bodily injury, it must be something close to, though less than death

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11
Q

How do you assume intent in serious bodily injury murder?

A

By defendant’s conduct/words in the light of the surrounding circumstances. His intentional use of a deadly weapon, or hands/feet can also be considered

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12
Q

What are the different ways murder can be committed?

A
  • omission to act when there’s a duty to act

- when accompanied by an intent to kill/do GBI

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13
Q

What is depraved heart murder?

A

Extremely negligent conduct that creates what the reasonable man would realize to be not only an unjustifiable but also very high degree of risk of death or GBI to another or to others. Though unaccompanied by an intent to kill or do GBI and which actually causes the death of another, may constitute murder

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14
Q

What is ordinary negligence?

A

Conduct that creates an unreasonable risk of injury to other people/property

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15
Q

What is gross negligence?

A

Conduct that creates not only an unreasonable risk but also a high degree of risk

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16
Q

What is recklessness?

A

When a person creates an unreasonable risk and realizes that he is doing so

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17
Q

Can conduct from either gross negligence or recklessness create liability for murder?

A

No, only manslaughter

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18
Q

When does the MPC say that reckless killing is murder?

A

When it is done under circumstances showing extreme indifference to the value of human life

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19
Q

What are some examples of conduct that involve a high degree of unjustifiable homicidal danger?

A
  • firing a bullet into an occupied room
  • starting a fire at the entrance to an occupied dwelling
  • Playing Russian roulette
  • dropping something from a very high elevation onto a crowded street
  • shaking a baby so hard it can’t breathe
    ETC
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20
Q

Are the two important elements of depraved heart murder ?

A

A) creation of risk

B) realization of the risk

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21
Q

It is the standard for creation of risk in depraved heart murder?

A

subjective standard: What the defendant should realize the degree of risk to be, in the light of surrounding circumstances known to him. (not about a mathematical calculation of risk). It must be unjustifiably for him to take that risk under the circumstances, making the motive for this risky conduct relevant and the social utility factor to consider

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22
Q

What is the realization of the risk in GBI murder?

A

D’s conduct creates what a reasonable man would know to be an unreasonable and very high degree of risk of death or GBI to another/several others. Guilty of murder even if he wasn’t aware of the risk created by his conduct.

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23
Q

Does the defendant need to be aware of the risk he is taking in a GBI murder?

A

No, if his conduct was very risky and it was reasonable for him to know it was risky. Occasionally an unusual case will raise this issue (like when the defendant is more absent-minded, stupid, intoxicated than the reasonable man)

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24
Q

Why is it a subjective standard for the realization of risk in a GBI murder?

A

Because if you consciously create a risk you were morally worse than someone who does it unconsciously, even though the dangers equal. If You’re too dumb to realize the risk, you shouldn’t be found guilty of murder (other you shouldn’t escape punishment either)

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25
Q

If you are drunk does that negate a depraved heart by blotting out consciousness of risk?

A

No

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26
Q

What is the purpose of degrees of murder?

A

To limit the more severe punishments (like death penalty) first degree and to save less severe punishments for second-degree

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27
Q

What are the major felonies that must be present in order to prove felony murder?

A

BARRK (burglary, arson, rape, robbery, kidnapping)

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28
Q

What is premeditated?

A

Defendant must not only intend to kill, but must also premeditate the killing and deliberate about it. Requires the one with the cool mind to it in fact reflect, at least for a short period of time before killing

29
Q

What is deliberation?

A

A cool mind that is capable of reflection

30
Q

What is the traditional rule about timeframe for premeditation?

A

Only a brief moment of thought or a matter of seconds is enough. Premeditation and deliberation can follow immediately after the formation of intent.

31
Q

Is it enough that the defendant had time to premeditate and deliberate?

A

No, he had to actually premeditate and deliberate and intend to kill

32
Q

What Happens when a killer is incapable of premeditation and deliberation?

A

Like where his capacity is prevented by being emotionally upset, intoxicated, having low intellect, or being terrified. Defendant is usually found guilty of second-degree murder

33
Q

What is the standard for premeditation and deliberation?

A

Objective because there are often no witnesses and the defendant will not share his true thoughts. Premeditation and deliberation must be determined from the defendant’s conduct (gleaned from circumstantial evidence)

34
Q

Is it possible to presume first-degree murder?

A

No, there must always be some affirmative evidence to support a finding that the defendant premeditated and deliberated

35
Q

And is the prosecution entitled to infer that the defendant premeditated and deliberated?

A

A) in considering facts about how and what the defendant did prior to the killing (planning activities)
B) considering fact about the defendants prior relationship and conduct with the victim (prior threats, conduct that angered the defendant)
C) considering facts about the nature of the killing (it was very particular and exacting, the defendant must have intentionally killed according to a preconceived design). Evidence is required (autopsy info)

36
Q

Can conduct by the defendant after the killing to cover it up the relevant for discussion of premeditation?

A

No

37
Q

Define felony murder:

A

A killing, even if it is unintended, that happens during the commission or attempted commission of a felony. As long as the felony is BARRK - first degree murder.

38
Q

What is lying in wait?

A

Requires watching and waiting in a concealed position with an intent to kill or do GBI to another

39
Q

What is murder by torture?

A

Have pain endured over a period of time, and defendant must intends to inflict the pain (Burning, beating, failure to call medical aid after inflicting a beating.) The act that causes the death must be the act that caused the pain of torture.

40
Q

What are other crimes that are included in first-degree murder?

A

Bombing, procuring execution by perjury, murder committed for pay, murder involving the killing of more than one person, etc.

41
Q

What is second-degree murder?

A

All other murders that are not first degree. Intent to kill murder without the added ingredients of premeditation and deliberation. Intent to do GBI (whether it was premeditated or not ). Pagehurst murder and felony murder involving felonies that are not BARRK

42
Q

What is unlawful act involuntary manslaughter?

A

Unintended homicide in the commission of an unlawful act that equates to criminal homicide
* today’s trend is to abolish this type of manslaughter

43
Q

What is an unlawful act?

A

An act that is punishable as a crime (felony, misdemeanor, ordinary violation) or noncriminal conduct like trespass or another civil wrong. Local ordinance violations like attempted suicide, sale of liquor to someone that is already drunk, driving through tollgate without paying, etc.

44
Q

What is the misdemeanor manslaughter doctrine?

A

Like the baby felony murder doctrine. Usually involves traffic offenses (speeding, drunk driving) or something like battery (The defendant hit victim and caused an unexpected death)
* must be a causal connection between the commission of the unlawful act and the death inducing injury

45
Q

And an innocent minded violation be an unlawful act?

A

Ie) if you’re driving at night and your headlights suddenly go out and you hit someone before you can stop… Did not establish the defendant’s guilt

46
Q

What is the view on misdemeanor manslaughter that involves dividing the conduct into its parts?

A

Divide the contact into the lawful portion and the unlawful excess ie) if you’re driving 35 km in a 25 zone the question is whether those 10 extra kilometers caused the death

47
Q

What is the result of an assault/battery causes death?

A

Guilty of involuntary manslaughter

48
Q

When is aiding and abetting suicide/attempting suicide criminal?

A

A) when the person unsuccessfully attempts to commit suicide and injure someone else
B) when you persuade someone or aid/force them to commit suicide (ie: if you rape a woman and then she commits suicide, you were guilty of a felony murder)
C) you cannot provide the victim with a dangerous instrument if there foreseeably bent on suicide, otherwise you could be convicted of negligent homicide

49
Q

What was the Guthrie decision about premeditation and deliberation?

A

There must be some evidence that the defendant considered and weighed decision to kill in order for the state to establish premeditation into deliberation although an elaborate plan or scheme to take life is not required

50
Q

What are the requirements for finding or negating common-law murder?

A

A defendant who intended to cause serious bodily injury short of death, but whose act did cause the death of the victim, has committed murder

51
Q

How can the existence of premeditation be proven?

A

From the defendant’s conduct in light of all the surrounding circumstances

52
Q

What are the three different ways state statues have defined involuntary manslaughter?

A

A) An unlawful killing in the commission of an unlawful act not amounting to a felony
B) The commission of a lawful act without due caution or circumspection
C) The defendant’s conduct, under the circumstances known to him, must involve a high degree of risk of death or serious bodily injury, in addition to the unreasonable risk required for ordinary negligence… AND whatever the degree of risk required. (merely unreasonable, or both reasonable and high) The defendant must be aware of the fact that his conduct creates this risk

53
Q

Involuntary manslaughter maybe predicated on a failure to act or an omission if there was a duty to act and…..

A

Failure to act was an unlawful act or reckless one

54
Q

What does it mean for the defendant to be the cause of the victim’s death?

A

The defendant’s conduct must be the cause in fact of the victim’s death and the victim must be a member of the class of persons forseeably endangered and the victim must be harmed in a manner which is for foreseeable and the type and degree of harm suffered by the victim must be foreseeable

55
Q

If the defendant didn’t intend for another person to commit suicide but provide a dangerous instruments to someone that was likely to commit suicide, what is the defendant guilty of?

A

Manslaughter

56
Q

A conviction for involuntary manslaughter can be based on….

A

A) conduct involving not only an unreasonable but also a high degree of risk of death or serious bodily injury
B) assault or battery causing death even though the death is unforeseeable and unintended
C) assault or battery causing death if the death was foreseeable but unintended

57
Q

What distinguishes murder from manslaughter?

A

Malice aforethought, and can be implied by law as well as proved by evidence

58
Q

There is no proof that an unlawful homicide resulted from sudden and sufficiently violent provocation what can be presumed?

A

Malice

59
Q

What must the prosecution prove in a murder trial?

A

Intends to kill or inflict great bodily harm beyond a reasonable doubt

60
Q

What does due process require for the burden of proof in a criminal case?

A

The state must prove each element of the crime beyond a reasonable doubt

61
Q

Where does burden of proof lie in defenses?

A

Burden is on the state, but they can place the burden on the defendant to prove a defense by a preponderance of the evidence, or they can allow the defendant to simply raise a reasonable doubt. It is up to the state. Either one is constitutionally okay

62
Q

How do you prove second-degree murder?

A

A) intent to cause the death of another person
B) causing the death of another person
* malice of forethought isn’t included

63
Q

What must you prove for heat of passion?

A

It must be such as would normally be aroused in the mind of an ordinary, reasonable person, under the given facts and circumstances, or in the mind of a person of ordinary self-control

64
Q

Can evidence of the defendant’s extraordinary character and environmental deficiencies be relevant to a heat of passion inquiry?

A

No

65
Q

What are the two approaches to provocation?

A

I) additional approach: clearly defines different acts that constitute provocation. You do have to consider fair warning unpredictability (so people know in advance what is the provoking event). This limits the situations that an intentional killing can be reduced to manslaughter
II) New approach: jury decides what is provocation. This allows flexibility, fast-changing place, and all sorts of unconsecrated situations that any reasonable person would consider provoking event. This approach tends to increase the number of intentional killings that might be reduced to manslaughter

66
Q

When would someone not want a manslaughter instruction?

A

When it comes down to either acquittal or murder, a person might not want a jury to have the intermediate option of manslaughter

67
Q

If the person in full knowledge of the danger involved deliberately does something to expose the victim to the risk of the probability of grievous GBI or death, and the victim dies, what is the perpetrator guilty of?

A

Murder, not manslaughter because the knowing or egregiously reckless killer is as bad as an intentional one

68
Q

What is gross negligence?

A

The proof of wanton or reckless disregard for human life.

69
Q

Death is the result of an accident does that give rise to criminal liability?

A

Not if it is unpurposed and unattributable to negligence

70
Q

Can horseplay provocation be sufficient to justify a deadly attack?

A

No

71
Q

What was the old hatfield verdict on time for intent to kill?

A

Interval of time between the forming of intent to kill and the execution, which is of sufficient duration for the accused to be fully conscious of what he intended, is sufficient to support a conviction for first degree murder

Criminal Law 1L (9 decks)

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