Module 8 Flashcards
0
Q
How do you prove the subjective states of premeditation and deliberation?
A
From the defendant’s conduct in light of all the surrounding circumstances
1
Q
What is a good definition for common-law murder?
A
The defendant who intended to cause serious bodily injury short of death, but whose act did cause the death of the victim has committed a murder
2
Q
Involuntary manslaughter is:
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 defendants 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, the defendant must be aware of the fact that his conduct created this risk
3
Q
Involuntary manslaughter can be predicated on a failure to act or omission if there was a duty to act, and…..
A
The failure to act was an unlawful act or reckless one
4
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 foreseeably endangered, and the victim must be harmed in a manner which is foreseeable, and the type and degree of harm suffered by the victim must be foreseeable
5
Q
If you don’t intend for someone to commit suicide, but you provide dangers instrumentalities to someone that is foreseeably likely to do so, what is your liability?
A
Manslaughter
6
Q
A conviction for involuntary manslaughter can be based on what?
A
A) conduct involving not only an unreasonable but also high degree of risk of death or serious bodily injury
B) assault or battery causing death, even though the death was unforeseeable and unintended
C) assault or battery causing death is the death was foreseeable but unintended
7
Q
What distinguishes murder from manslaughter?
A
Malice aforethought
8
Q
Absent proof that an unlawful homicide resulted from sudden and sufficiently violent provocation, the homicide is presumed to be what?
A
Malicious
9
Q
What is the burden of proof in a criminal case for all of the elements of the crime?
A
Beyond a reasonable doubt (required by the due process clause of the Constitution)
10
Q
Who has the burden of proof for a defense to a crime?
A
The burden of proof 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
11
Q
How do you prove second-degree murder?
A
A) intent to cause the death of another person, and
B) caused the death of another person
** no malice aforethought
12
Q
What is murder in the second degree?
A
Intentionally causing the death of another person
13
Q
What are the rules for heat of passion?
A
Must be such as would naturally 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
14
Q
Can words alone be enough for provocation?
A
Sometimes
15
Q
What are a list of things that count as provocation?
A
- words alone
- A series of events over a considerable period of time
- admission of infidelity by your spouse
- taunts directed at you and alone continued provocatory relationship
16
Q
How does the court determine if an event qualifies as a sufficiently provocative one?
A
A) traditional approach: clearly defined acts that constitute provocation, so you give fair warning and predictability and there is consistency in application
B) New approach: Leave it up to the jury to decide (allows for all sorts of uncontemplated situations to be considered)
17
Q
If a defendant knows that it is highly probable that her actions will cause death or great bodily injury, is that enough to prove intent?
A
Yes
18
Q
If the defendant deliberately exposed a victim to the risk of probable grievous harm 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
19
Q
What is gross negligence?
A
The proof of wanton or reckless disregard for human life
20
Q
Is horseplay provocation sufficient to justify a deadly attack?
A
No
21
Q
What is the new court rule about the formation of intent?
A
There must be some. Between the formation of the intent to kill and the actual killing, which indicates the killing is by prior calculation and design
22
Q
What is homicide?
A
A human being has been killed. Murder is homicide, homicide is not murder
23
Q
Which should you talk about first in an essay? actus reus or mens rea?
A
Actus reus first, because you have to show that something happens, then you talk about the mental state
24
What is malice aforethought?
One of four mental states:
A) intent to kill
B) intent to cause serious bodily harm
C) depraved or wicked heart killing/gross recklessness/wanton or willful conduct
D) killing during the commission of an inherently dangerous felony (FM)
25
What is the mental state for felony murder?
Felony murder is a substitute for the mental state
26
Is it true that manslaughter doesn't have malice aforethought?
This is tricky because voluntary manslaughter requires a mental state of malice aforethought that is mitigated by heat of passion. The defendant must act with intent to kill, but that intent is mitigated by heat of passion, the defendant was acting under degree of anger/rage/passion that wheezes society deemed to be legally significant/sufficient to reduce the crime from murder to manslaughter
27
If the defendant wants manslaughter instead of murder, who has the burden to prove this?
Defendant by a preponderance of the evidence
28
What is the difference between voluntary manslaughter and involuntary manslaughter at common-law?
Voluntary manslaughter involves intent to kill, involuntary manslaughter does not intend it (awareness of the risk. Accidental killing, reckless killing)
29
How do you prove murder?
Define what it is, show there has been a homicide, show the defendant committed that homicide, then show malice of forethought..... If you're going to first-degree murder on top of that, add the requirements of premeditation and deliberation
30
First and second degree murders are what kinds of statutory concepts?
Modern ones that have effectively been adopted by all of the jurisdictions in the states. Technically traditional common-law doesn't have first and second degree murder, but they have essentially become part of the common-law in America
31
What are the two ways to find first-degree murder?
A) showing murder with malice aforethought and Premeditation and deliberation
B) showing a murder and proving up the felony murder rule
32
What is felony murder?
CL Def: one whose conduct brought about an unintended death in the omission or attempted commission of a felony is guilty of murder
Modern limitations:
A) FM can only be used with certain types of felonies
B) strict implementation of proximate or legal cause
C) narrower construction of the time period between which the felony is in the process of commission
D) underlying felony must be independent of the homicide
33
What are the two major approaches to felony murder?
A) if the defendant commits a crime in a way that creates a foreseeable danger to life and death results: felony murder
B) certain felonies are listed as inherently dangerous, so felony murder only applies to those
34
What is the purpose of felony murder?
To Hold felons accountable for unintended deaths caused by the dangerous conduct
35
What is the rule for vicarious responsibility for felony murder when a co-felon does the murdering?
If someone dies in a felony all of the co-felons are responsible, unless one of the co-felons had no idea that was going to happen
36
What happens if two people are trying to rob someone, and during the attempt one of the robber's gun accidentally goes off and kills the store owner. Are both of the robbers equally guilty?
Yes both will be held liable for felony murder with equal liability
37
What is the liability for parties to crime?
All parties are guilty for deviations from the common plan that are foreseeable consequences of carrying out the plan
38
Is an accidental shooting during an armed robbery up for seeable deviation from the plan to rob?
Yes
39
What are the four minority rules for affirmative defenses for the defendant felony murder situation (when there are multiple defendants)?
A) he did not commit a homicide or in anyway solicit/cause it
B) he wasn't armed the deadly weapon/dangerous instrument
C) he had no reasonable grounds to believe any of his co-felons were armed with dangerous weapons
D) had no reasonable grounds to believe that any of his co-felons intended to engage in conduct likely to result in death/GBI
40
How does proximate/legal cause relate to felony murder?
The death must of been the natural and probable consequence of the defendants conduct. When death has occurred only as a consequence of some intervening act following the defendants conduct, the issue is whether the intervening cause was foreseeable
41
What happens when intervening cause in a felony murder situation is a mere coincidence?
Foreseeability is required
42
If an intervening act comes as a response to conditions created by the defendant, what is the question?
Whether the intervening act was abnormal/extraordinary
43
If you set fire to an occupied house, and a member of the household or firefighter dies, were the deaths foreseeable?
Yes, you're guilty of felony murder
44
If you set fire to the house and a stranger dies trying to save a trapped member of the household, what result?
Felony murder
45
If you set fire to the house and a looter dies trying to steal things while the fire is going on, what result?
Probably not felony murder because it was abnormal and unforeseeable
46
Is it felony murder if a robber kills an interfering policeman or bystander?
Of coarse
47
If you're trying to rob someone, and they reach for their gun and you shoot at them, and they return fire but actually kill someone else, are you guilty of that person's murder?
Yes because the death was a foreseeable consequence of your conduct in joining in the robbery
48
If a police officer shoots your accomplice, are you liable for felony murder?
No because the murder can't be based on a shooting which constitutes a justifiable homicide (where the cop or victim shoot the felon to prevent the commission of a felony)
49
It is not phony murder if one of the felons is shot by whom?
The victim, a cop, a bystander... Because it is not just to hold the felon liable for murder of someone who willingly participated in the risky venture (redline limitation)
50
What is the redline limitation?
Felony murder is limited to the killing of someone other than a participant in the underlying felony. You can't be responsible for a co-felon's death
51
Does a felony murder perpetrator need to subjectively foresee the risk he creates?
No, it just needs to be foreseeable (not necessarily foreseen)
52
What is the felony murder doctrine?
The defendant, because he's committing a felony, is by hypothesis a bad person, so we should not worry too much about the difference between the bad results he intends and the bad results he brings about
53
How do courts deal with shield situations?
A felon's act in using a victim as a shield or in compelling a victim to occupy a place/position of danger, constitutes a direct legal act against the victim = FM
54
What are the major rules of felony murder?
1) The killing must happen in the course of and in furtherance of specified felony
2) more is required than coincidence of time and place
3) The killing can happen before or after the felony
55
What does "in the commission of" mean?
Time, place, causal connection
56
When is a robbery committed?
When the defendant takes possession of and moves the victims property, but it continues as long as he continues to carry it
57
When has a burglary been committed?
When the defendant breaks and enters the building with an appropriate intent
58
When has an arson been committed?
When the building first catches fire, and continues while the building burns
59
When has rape been committed?
On the first penetration, and continues mother sexual connection is maintained
60
If the defendant is in immediate flight, can that constitute felony murder?
Yes
61
When does immediate flight no longer constitute felony murder?
When the defendant has reached a place of temporary safety
62
How are accidental and intentional killings treated under felony murder?
Equally
63
Can manslaughter serve as a felony for purposes of felony murder?
No because the felony must be independent of the conduct that kills. It must involve conduct separate from the acts of personal violence that constitute a necessary part of the homicide itself
64
How does double jeopardy apply to felony murder?
defendant cannot be prosecuted and punished for both Felony murder and the underlying felony
65
If a bad mental state follows the physical conduct is there liability?
No they are not legally related
66
If someone actually strikes and injures their enemy, but then realize what happened, and are happy about it, what is the liability?
No criminal liability because there was no concurrence between mental state and act
67
What if you form an intent to kill someone, then abandonment, and at a later date you accidentally run them over with your car?
No intent because there's no concurrence with the bad state in the act
68
If you get so drunk you don't don't have the mental state anymore, but you kill someone, what is your liability?
Most courts will say you are guilty because voluntary intoxication is not a defense
69
What is the rule about attendant circumstances?
If there are circumstances required by law, they must concur with the conduct and the fault
70
Does it matter if there's a lag between the conduct and the result?
No there just has to be concurrence between the state of mind and the conduct, not the result
71
If you are very sleepy and you're driving, but you decide to keep driving, and you fall asleep and kill another person, what result?
The act which caused the death was continuing to drive while very sleepy, which concurs with the required mental state
72
If you think you have killed someone, and then do something to dispose of their body like rolled it off a cliff, but they weren't actually dead before that, and instead died from the cliff, what result?
These are treated as disposal being part of the original plan, so the two acts were part of a single transaction with a common intent
73
Can an intention to cause one type of harm substitute for another type of harm?
No, transferred intent only works within the same type of harm
74
What is misdemeanor manslaughter?
You may be guilty of involuntary manslaughter if you cause the death of another welcoming a malum in se type of misdemeanor
75
How do the courts deal with situations or someone in intends a light injury but actually inflicts serious injury?
Deal with the actor's conduct in terms of harm intended. If he intended to inflict mild bodily harm, but killed the person, he is guilty of involuntary manslaughter
76
How do courts deal with situations where you intend serious injury, but only inflict a light one?
You're guilty of the lesser crime because you can recognize the intent to do the greater degree of harm as an equivalent to do the harm actually resulted
77
How does causation tie into felony murder?
The defendants conduct must be:
I) The actual cause, and
Ii) The legal or proximate cause of the result (cause in fact)
78
What is causing in fact?
The but for cause of forbidden result
79
It is a standard of proof for causation in a felony murder case?
The prosecution must prove beyond a reasonable doubt
80
What happens in situations that cause in fact/but for test don't actually apply? Ie) if you shoot someone in the heart, but at the same time someone else shoots him in the head, either wound is sufficient to kill him.
You are both equally the cause of his death. In these situations, ask if the defendants conduct was a substantial factor in bringing about the forbidden results.
81
If you hasten a victim's death, what result?
You are the cause of the death
82
If you're going to the desert and someone poisons your water, but another person steals your water in the desert, and they die of thirst. What have courts held?
That causing death normally involves the shortening of life, and not merely the manner of dying, so the person who poisoned the water was the cause of death
83
How are cases with multiple assailants decided?
So long as they weren't working together each are as guilty as the other
84
Why is a doctor that pulls the plug not the cause of death?
Because the person was already brain-dead before the doctor committed the act
85
What are three examples of proximate cause problems?
The variance may be:
- about the person or property harmed
- about the manner in which the harm occurred
- The type or degree of harm
86
How are legal causation problems tin tort and criminal law similar and different?
Tort: The defendant will pay for the damage regardless of the likelihood of the particular results achieved. The theory being that the innocent victims should bear no costs
Crim: because of more harsh punishments, a closer relationship between the result achieved and the intended/hazarded is required.
87
What will be the punishment difference between crimes involving intent and those dealing with recklessness/negligence
Should be treated differently because the person who intends bad results to be punished harsher than the one that recklessly causes them
88
What is necessary to be guilty of a crime based on transferred intent?
You must've intended to harm to the original target, and that target will transfer to the actual victim, making you guilty
89
Does transferred intent still apply when the result is a greater degree of criminal liability than if the intended victim had been hit?
Yes
90
If the person you intended to kill does die, but in an abnormal or unforeseeable way, does transferred intent apply?
No
91
What are situations where you intend to kill or injure, and yet you're not guilty of murder or battery?
- when you have been provoked by someone into a reasonable rage (voluntary manslaughter)
- when there is a privilege of self-defense
- when you shoot someone in a self-defense situation, but miss and hit and kill someone else: you're only as guilty to that person as you would have been had your aim been accurate
92
How does mistaken identity work? Ie) if you shoot into the dark thinking it is one person, but it is actually another?
You're guilty of murder to the same extent that you would've been guilty if you would have hit your intended target. Mistake does not negate intent to kill
93
Is there such thing as transferred negligence?
No
94
Can there be transferred recklessness if the defendants conscious awareness of danger to one person will suffice to another person that is harmed in the defendant was negligent to that person?
Yes ie) if you recklessly fire a gun at someone, but you shoot someone else accidentally, you're legally the cause of that person's injury
95
The defendant intends a result, but it comes about in a way he didn't expect, what will the courts say?
Your act will be the legal cause
96
What happens when your intended results come about in a very unlikely manner?
The defendant is not punished for those results
97
Which does the MPC say about intentional crimes that come about in unintended manners?
But the issue in front of the jury and ask whether the actual result is too remote or accidental to have just bearing on the actor's liability
98
How do courts deal with the existing weaknesses of the victims?
Even though you may not have known about their condition, you're still guilty because you're the direct cause of their death
99
What are four possible intervening causes?
A) victim themselves
B) third person
C) defendant
D) nonhuman source
100
How can the victim be an intervening cause?
If you're trying to escape, and you jump out of the window and die, the defendant is guilty. Impulsive acts to avoid harm our normal and therefore can be the legal cause of the consequences. Same goes through in the victim next voluntarily and doing something like refusing to see a doctor or have an operation. Even if the victim's actions are unreasonable, they are not abnormal
101
If a victim ends up committing suicide as a result of something connected to the defendant's act, what result?
Defendant is liable
102
How can a third person be an intervening cause?
Negligent treatment of wounds by a doctor. Unless the doctor's treatment was so bad as to be gross negligence, near negligence in medical treatment is not abnormal and the defendant is therefore liable
103
How can a defendant be an intervening cause?
Examples where defendant thinks he killed someone, and then trying to dispose of the body actually kills him. Ordinarily this brings up the concurrence issue, but the courts have said that the defendant's actions are all part of a single transaction and in trying to dispose of the body those acts are not abnormal and do not break the chain of causation
104
How can a nonhuman source be an intervening cause?
If you intend to kill someone, but only wound them and leave them in a pasture where there are horses, or out in a blizzard, you are liable for their death if the result is expected and foreseeable
105
What are the two major types of intervening acts?
A) coincidence: defendants act put the victim in a certain place at a certain time: this breaks the chain of causation unless it was foreseeable, and makes the defendant not liable
B) response to defendant's prior actions: a reaction to the conditions created by the defendant. Ie) trying to avoid harm, a bystander trying to rescue, medical personnel treating the victim, infection in a wound. If the response is abnormal and unforeseeable, defendant is not liable, otherwise, they are
106
It is constructive homicide?
When you only intend to do minor injury, but the battery serves as a basis for homicide conviction under the misdemeanor manslaughter rule
107
What is an example of constructive homicide?
You don't intend to kill someone, but you proceed knowing it's a possibility. Like when you drop an object from a window in the general direction of a person. If the object strikes them, you were guilty of reckless manslaughter
108
Legal cause isn't present when what two things intervene?
1. A coincidence it isn't reasonably foreseeable, or
| 2. An abnormal response
109
What is the rule for people that are equally willing and foolhardy participants in felony murder cases?
When pretty can't be liable for the others death when the other was an equally willing and foolhardy participant in the bad conduct that causes the death.
110
The injury inflicted by the defendant brings on normal complications that result in death, what result?
Defendant is the proximate cause of the death
111
Name five events that are very normal and do not break the chain of causation?
- impulsive acts by the victim to escape harm
- negligence by the victim and not avoiding risk
- self-inflicted harm because the victims weakened condition
- third-party efforts to rescue
- negligent medical treatment
* proximate cause exists for all the events that are foreseeable
112
What is punishment in the abstract?
Whether capital punishment may ever be imposed as a sanction for murder
113
What is Punishment in the particular?
The propriety of death as a penalty to be applied to specific defendant for a specific crime
114
What are the four different state of mind for common-law murder?
A) intent to kill
B) intent to cause GBI
C) Extreme indifference to the value of human life (depraved heart)
D) felony murder
115
It is the definition of common-law murder?
The unlawful killing of a human being with malice aforethought
116
What is the common-law definition of manslaughter?
The unlawful killing of a human being without malice aforethought
117
What are the three different types of common-law manslaughter?
A) provocation heat of passion killing
B) reckless killing of another
C) misdemeanor manslaughter
118
What are the two different types of first-degree murder under the state statutory model?
I) premeditated and deliberate killing
| I I) killing that took place during the commission of a dangerous felony
119
What is secondary murder under the state statutory model?
Intent to cause GBI, and depraved heart killings
120
What is the misdemeanor manslaughter rule at common-law?
If you actually cause of death during the commission of a misdemeanor you have committed manslaughter. Most states don't follow this rule anymore.
121
Whenever crime occurs bringing about a specific result, the prosecution must establish what three basic elements?
A) The unlawful act
B) The culpable mental state
C) The defendant's act caused the result
122
What crimes require a certain result?
Murder, all homicide offenses, battery, any crime that has the phrase "causes, or results in"
123
In order to establish causation, what must the state establish?
A) The defendant's act was the cause in fact of the prohibited result
B) The defendant's act was the criminal proximate cause of the prohibited result
124
The but for test is followed by what two branches of law?
Common-law and MPC
125
What is the test to determine proximate cause?
And act as a proximate cause of all the natural and probable consequences of the act (this is for the jury to decide)
126
What are the four clues that can help us predict what a jury will probably do in a proximate cause situation?
1) The ultimate result intended by the actor? If yes: proximate cause
2) how foreseeable was the possibility that a particular harm would occur? The more foreseeable, the less likely proximate cause
3) how substantial a bearing to the defendants act have on that particular result? The more substantial, higher the proximate cause
4) The distance and time, place, circumstances, and chain of events
127
What are the seven constitutional limitations the Supreme Court has placed on the death penalty by individual states?
1. Mandatory death sentences for a specific crime are unconstitutional.
2. Statures authorize the death penalty must set out the factors to be used by the decision-maker in deciding whether that particular sentence will be imposed
3. The decision on life or death must be made at a separate criminal proceeding. It can't be made at the trial determining guilt or innocence
4. Info offered by the state to be considered in the sentencing decision must be disclosed to the defendant
5. Capital punishment can't be used for the crime of rape of an adult
6. Can't be used on a defendant that is less than 16 years old at the time of the crime
7. Can't be used if the defendant was convicted as an accomplice to the crime under the theory of felony murder and the defendant did not intend to death and was not reckless with respect to the death
128
What is the common-law definition of rape?
The forced sexual intercourse by a man on a woman, not his spouse, without consent
129
What are the elements of rape?
1. Forced sexual intercourse/other forced deviant sexual behavior
2. Buy a man on a woman (now courts are gender-neutral, anyone can rape anyone)
3. Can't have been married (even split in the courts that say it can be your spouse)
4. No consent
130
What is the culpable mental state of rape?
Recklessness
131
What is the common-law definition of battery?
The unlawful application of force to the person of another resulting in physical harm or an offensive touching
* General intent crime
132
what are the two common-law definitions of assault?
A) attempted battery
B) intentionally placing the victim in fear of harm
* specific intent crime
133
How does common-law merger doctrine relate to assault and battery?
The D cannot be found guilty of both kinds, they merge. I do you find the defendant guilty of assault or battery. Most modern statutes define assaults to cover both definitions.
134
Does the MPC deal with assault and battery?
Changes the terminology by saying the crime of assault covers both, CL battery and common-law assault. There is no crime of battery under the MPC
135
What does the MPC section 2.03 say about causation?
Difference between the result imagined and the actual result
136
Under the MPC conduct is the cause of a result when....
When the but for test can be applied, or the relationship between the conduct and result satisfies an additional causal requirement under the code or the law
137
under the MPC, if the offense stipulates that the defendant must purposely/knowingly cause a result, this is not established if the actual results doesn't align with the purpose of the defendant unless:
- The actual result is different from what was designed, or the injury imagined would've been more serious than what actually happened
- The actual result and imagining align, and thereby have a just bearing on the defendant's liability
* ** must always consider whether the result is too remote or accidental to have a just bearing on the defendant's liability. If so, defendant is not responsible for that result
138
Under the MPC, if the offense says a result must come about recklessly or negligently, the element is not established if the actual result isn't within the risk that the defendant was aware of/should've been aware of, unless:
- The actual result is different from what was designed, or the injury imagined would've been more serious than what actually happened
- The actual result and imagining align, and thereby have a just bearing on the defendants liability
* ** always consider whether the result is too remote or accidental to have a just bearing on the defendants liability. If so, defendant is not responsible for that result
139
Under the MPC, if absolute liability is imposed for particular result caused by the defendant, the element isn't established unless what?
The actual result is a probable consequence of the defendant's conduct
