Module 8 Flashcards
How do you prove the subjective states of premeditation and deliberation?
From the defendant’s conduct in light of all the surrounding circumstances
What is a good definition for common-law murder?
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
Involuntary manslaughter is:
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
Involuntary manslaughter can be predicated on a failure to act or omission if there was a duty to act, and…..
The failure to act was an unlawful act or reckless one
What does it mean for the defendant to be the cause of the victim’s death?
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
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?
Manslaughter
A conviction for involuntary manslaughter can be based on what?
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
What distinguishes murder from manslaughter?
Malice aforethought
Absent proof that an unlawful homicide resulted from sudden and sufficiently violent provocation, the homicide is presumed to be what?
Malicious
What is the burden of proof in a criminal case for all of the elements of the crime?
Beyond a reasonable doubt (required by the due process clause of the Constitution)
Who has the burden of proof for a defense to a crime?
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
How do you prove second-degree murder?
A) intent to cause the death of another person, and
B) caused the death of another person
** no malice aforethought
What is murder in the second degree?
Intentionally causing the death of another person
What are the rules for heat of passion?
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
Can words alone be enough for provocation?
Sometimes
What are a list of things that count as provocation?
- 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
How does the court determine if an event qualifies as a sufficiently provocative one?
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)
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?
Yes
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?
Murder, not manslaughter because the knowing or egregiously reckless killer is as bad as an intentional one
What is gross negligence?
The proof of wanton or reckless disregard for human life
Is horseplay provocation sufficient to justify a deadly attack?
No
What is the new court rule about the formation of intent?
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
What is homicide?
A human being has been killed. Murder is homicide, homicide is not murder
Which should you talk about first in an essay? actus reus or mens rea?
Actus reus first, because you have to show that something happens, then you talk about the mental state
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)
What is the mental state for felony murder?
Felony murder is a substitute for the mental state
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
If the defendant wants manslaughter instead of murder, who has the burden to prove this?
Defendant by a preponderance of the evidence
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)
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
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
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
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
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
What is the purpose of felony murder?
To Hold felons accountable for unintended deaths caused by the dangerous conduct
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
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
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
Is an accidental shooting during an armed robbery up for seeable deviation from the plan to rob?
Yes
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
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
What happens when intervening cause in a felony murder situation is a mere coincidence?
Foreseeability is required
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
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
If you set fire to the house and a stranger dies trying to save a trapped member of the household, what result?
Felony murder
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
Is it felony murder if a robber kills an interfering policeman or bystander?
Of coarse
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
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)
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)
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
Does a felony murder perpetrator need to subjectively foresee the risk he creates?
No, it just needs to be foreseeable (not necessarily foreseen)
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
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
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
What does “in the commission of” mean?
Time, place, causal connection
