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Criminal Law > New Criminal Law > Flashcards

New Criminal Law Flashcards

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1
Q

What is the CL definition of murder?

A

The unlawful killing of a human being with malice aforethought.

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2
Q

What is malice aforethought?

A
  1. Intent to kill
  2. Intent to inflict great bodily harm
  3. An extreme recklessness and disregard for human life.
  4. Intent to commit an inherently dangerous felony.
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3
Q

What is the CL definition of 1st degree murder?

A
  1. unlawful premeditated and deliberated killing.
  2. killing committed in a certain manner articulated by legislature (lying in wait, poison, torture, explosives)
    PETL
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4
Q

What is the CL definition of 2nd degree murder?

A
  1. Intentional killing without premeditation and deliberation.
  2. Intent to seriously injure.
  3. Depraved heart killing.
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5
Q

What is the Felony Murder Rule under CL?

A

Death occurs during the commission or attempted commission of an inherently dangerous crime.

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6
Q

When is the “end of life?”

A

When someone is brain dead.

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7
Q

What is the CL definition of Voluntary Manslaughter?

A

Unlawful, intentional killing, mitigated by sudden heat of passion or adequate provocation.
(Would a reasonable person have responded in the manner that the defendant did under the same circumstances?)
-No time to cool off
-Mere words are usually not adequate provocation

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8
Q

What is the CL definition of Involuntary Manslaughter?

A

Accidental death caused by:

  1. lawful act in culpable manner (reckless or gross negligence)
  2. unlawful act (not a felony)
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9
Q

What is the CL Misdemeanor Manslaughter Rule?

A

A death that occurs during the commission or attempted commission of a misdemeanor is is an involuntary manslaughter.

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10
Q

What is the CL Felony Murder Rule?

A

A death that occurs during the commission or attempted commission of a felony is murder.

  • Typically 1st degree murder; especially if the felony was inherently dangerous.
  • Certain crimes are automatically 1st degree; arson, kidnapping, robbery, burglary, and rape.) FABRRK
  • The felony is still going when the defendant’s are in flight. (Felonious escape)
  • Causal connection between the defendant’s act and victims harm (“but, for” cause of death)
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11
Q

What is the CL Doctrine of Merger for the Felony Murder Rule?

A

Felony must be independent and not merge with the act of killing. Ex: Assault + Death DOES NOT = felony murder because the assault would merge with the killing.

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12
Q

What are the 3 approaches to the Felony Murder Rule being applied to accomplices?

A
  1. “Agency/In Furtherance of”
    (Majority View; most limiting)
    -If one of the felons shoots, all co-felons are liable.
    -Co-felons can be liable for death of a third party
    -If police office shoots one of the felons are the co-felons liable? No.
  2. Proximate Cause Approach:
    -Felon is liable for ALL reasonably foreseeable deaths; whether they were shot by a co-felon, police officer, third party, etc.
  3. Provocative Act Doctrine:
    Whomever fires first or creates the situation, is liable for all deaths.
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13
Q

What is the MPC definition of Criminal Homicide?

A

Purposely, knowingly, recklessly, or negligently causes death of another.

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14
Q

What is the MPC definition of Murder?

A

A. Purposely or knowingly
B. Recklessly by manifesting extreme indifference to human life
C. Felony of 1st degree (robbery, rape, arson, burglary, kidnapping, felonious escape.)
D. During commission or attempted commission of a felony.

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15
Q

What is the MPC definition of Manslaughter?

A

A. Recklessly (death that results from conscious disregard for known risk)
B. Committed under extreme mental disturbance with reasonable explanation
-Does not require provocation or cooling off period.
-“Extreme mental disturbance” (subjective)
-“Reasonable explanation” (objective)

Considered:
Age
Gender
Physical Disabilities
Physical Characteristics
GAPP
Not Considered:
Intellectual Disabilities
Psych
Temperament  
PIT
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16
Q

What is the MPC definition of Negligent Homicide?

A

Criminal negligence.

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17
Q

What is the MPC definition of Felony Murder Rule?

A 
Restricted to enumerated felonies:
Arson
Rape
Robbery
Burglary
Kidnapping
Felonious escape

FABRRK

Defendant may rebut with evidence that conduct was not reckless.
Prosecutor must prove mens rea beyond a reasonable doubt.

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18
Q

What is the MPC definition of Purposely?

A
  1. Conscious object to engage in conduct or cause result.
    - Requires proof that defendant knew conduct was unlawful
  2. Awareness of attendant circumstances or belief they exist.
19
Q

What is the MPC definition of Knowingly?

A
  1. Aware of nature of conduct or existence of circumstances

2. Aware conduct will be practically certain to cause result.

20
Q

What is the MPC definition of Recklessly?

A
  1. Conscious disregard of substantial and unjustifiable risk

2. Gross deviation from law-abiding standard of conduct.

21
Q

What is the MPC definition of Negligently?

A
  1. Should be aware of substantial and unjustifiable risk.

2. Gross deviation from reasonable person standard of care.

22
Q

What is the MPC definition of Accomplice Liability?

A
  1. Acting with culpability sufficient for commission of offense
  2. Acting with purpose of promoting commission of offense
    - Solicits another
    - Aids another in planning
    - Fails in legal duty to prevent
23
Q

Under the MPC, what are the defenses against accomplice liability?

A
  1. Alleged accomplice is victim of offense
  2. Terminates complicity prior to offense
  3. Warns police or tries to prevent offense
24
Q

What is the MPC definition of Criminal Attempt?

A
  1. Purposely engages in criminal conduct
  2. Act constituting a substantial step toward commission of crime
    -Lying in wait
    -Enticing victim
    -Reconnoitering site of crime
    -Possessing unlawful materials
    -Soliciting innocent agent
    Only for purposeful or knowing crimes
    There must be proof of intent to commit the specific crime charged.
    An act that goes beyond mere preparation.
25
Q

Under the MPC, what is the defense of ignorance or mistake of fact or law?

A
  1. Mistake must negate the required mens rea in order to be an effective defense
  2. Defense not available if mistaken fact still creates guilt of another offense
  3. Defense not available in negligent or reckless use of force
  4. Defense available if belief is that conduct does not legally constitute offense
26
Q

Under the MPC, what is the defense of mental disease or defect?

A

Lack of substantial capacity either to appreciate criminality of conduct or to conform conduct to requirements of law.

27
Q

Under the MPC, what is the defense of intoxication?

A

Only if not self-induced or pathological and at time of conduct individual lacked substantial capacity to appreciate wrongfulness or conform conduct to requirements of law.

28
Q

Under the MPC, what is the defense of self-defense?

A

The use of deadly force; must believe it is necessary to protect against death, serious bodily harm, kidnapping, or sexual intercourse.
-Not available if you can retreat

29
Q

What is the Actus Reus?

A

A voluntary act that causes social harm.

  • A volitional act
  • An omission to act where there is a legal duty to act.
30
Q

When could there be a legal duty to act?

A
  1. Statute
  2. Contract
  3. Wrongful creation of peril
31
Q

What are the defenses available to the Actus Reus element?

A
  1. Involuntary
  2. Reflexive
  3. Unconscious
  4. Involuntary intoxication
  5. Asleep
  6. Convulsive
32
Q

Under CL, what is the definition of specific intent?

A

Requires the doing of an act and doing it with specific intent to cause the social harm.

  1. Must have the general intent to do the act.
  2. Must have the specific intent to achieve the consequences of the crime, and
  3. The actus reas and the specific intent must occur at the same time
33
Q

Under CL, what are some examples of specific intent crimes?

A
  • 1st degree murder (premeditated and deliberated)
  • Attempt
  • Assault
  • Robbery and larceny
34
Q

Under CL, what are defenses to specific intent crimes?

A
  1. Voluntary intoxication (when the intoxication prevented the formation of the requisite specific intent needed to commit the crime)
  2. Involuntary intoxication
  3. Mistake of fact (negates the specific intent for time crime)
  4. Mistake of law (negates the specific intent for time crime)
35
Q

Under CL, what is the definition of general intent?

A

All crimes require general intent.

The general intent must occur at the same time as the acts reus.

36
Q

Under CL, what are defenses to general intent crimes?

A
  1. Mistake of fact (reasonable person standard)

2. Involuntary intoxication

37
Q

Under CL, what are some examples of general intent crimes?

A
  • Rape
  • Battery
  • Involuntary Manslaughter
38
Q

Under CL, when does intent transfer?

A

When the defendant intends a harmful result to Victim A and, in trying to carry out that intent, causes a harmful result to Victim B.

39
Q

Under CL, what is the definition of attempt?

A

Overt act coupled with specific intent to commit crime.
-Intent to commit crime
-Substantial act
-Bad thoughts are OKAY!
-Only for crimes that require specific intent (NOT involuntary manslaughter)
dangerous proximity test:

40
Q

Under CL, what are the defenses to attempt?

A
  1. Legal Impossibility
  2. Abandonment
    - Factual impossibility is NOT a defense
41
Q

Under CL, what is the definition of accomplice liability?

A

Aiding, abetting, or counseling.

42
Q

Under CL, what are the defenses to accomplice liability?

A
  1. Abandonment

2. Withdrawal

43
Q

What is causation?

A

Causal relation between the illegal act and the death.
Actual: “But, for”
Proximate: Held responsible for intervening cause if cause is foreseeable.

Criminal Law (3 decks)

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