Offenses

Question 1

Express malice murder

Answer 1

Common law

Express malice/ malice aforethought (Equivalent to MPC purpose and knowledge)

intentional killings
premeditation and deliberation

Question 2

Implied Malice

Answer 2

Common law

equivalent to MPC reckless

Reckless with evidence of depraved heart
Shows indifference to human life, resulting in death, despite that individual not explicitly intending to kill

Question 3

Negligent homicide

Answer 3

Substantial and unjustifiable risk

ask, Was an individual’s standard of care sufficiently negligent to equate to the charge?

Question 4

Gross negligence homicide

Answer 4

elevated standard

common law

Satisfied by heightened degree of the departure from the standard of care (higher level of risk)

MUST REPRESENT A GROSS DEVIATION FROM THE STANDARD OF CARE THAT A REASONABLY PRUDENT PERSON WOULD OBSERVE UNDER THE CIRCUMSTANCES

Don’t need to be aware of the nature of the risk of consciously disregard it

Question 5

MPC Murder

Answer 5

Committed purposely or knowingly; or

Committed recklessly under circumstances manifesting extreme indifference to the value of human life

Question 6

MPC Manslaughter

Answer 6

Committed recklessly or;

A homicide which would otherwise be murder is committed under the influence of extreme emotional disturbance for which there is a reasonable explanation or excuse
(similar to voluntary manslaugher)

Subjective

Question 7

MPC Negligent Homicide

Answer 7

A substantial and unjustifiable risk, but the defendant is not aware of the risk

They should have been aware of the risk they were taking, and other people are typically aware

Question 8

Voluntary manslaughter (common law)

Answer 8

distinguishable by:

provocation

Killing in the heat of passion

Performed suddenly before reasonable opportunity for passions to cool;

Causal connection between, provocation, passion, and killing

Question 9

Provocation

Answer 9

Meaning that it was calculated to inflame the passion of a reasonable man and tend to cause him to act for the moment from passion rather than reason

Question 10

5 provocations

Answer 10

Extreme assault on dft

Mutual combat

Illegal arrest of dft

Injury or serious abuse of close friend or relative

Sudden discovery of spousal adultery

Question 11

Involuntary manslaughter (CL)

Answer 11

An unintentional killing based on the dft’s unjustifiable risk-taking behavior

Applies when the dft engages in conduct that constitutes a substantial and unjustified risk that results in someone’s death

equivalent of MPC negligent

Question 12

Felony Murder

Answer 12

Common Law Only

A triggering felony + resulting killing = felony murder

Strict Liability for death that occur during commission of felony (no mens rea for murder, malice established from felony commission)

Question 13

How does felony murder help the state?

Answer 13

All they have to prove is that the defendant committed the underlying offense. If they establish that the defendant committed the underlying felonies, the state is relieved of having to show the mental state for the homicide

Question 14

Felony murder limitations

Answer 14

Independent felony or “merger” limitation

Inherently dangerous felony limitation

In furtherance of the felony limitation

Question 15

Rape defined

Answer 15

non-consensual sexual intercourse completed by force or threat of force

Question 16

Rape in CL

Answer 16

Force/ threats of force with a lack of consent

Question 17

Force CL

Answer 17

Act was completed under forceable compulsion

Enough force to overcome the resistance of the victim
Issue because some courts require physical resistance and others allow verbal

Question 18

Threats of force CL

Answer 18

Threat that prevents the victim from resisting due to a reasonable apprehension of fear for their safety

Question 19

Lack of consent CL

Answer 19

used to require utmost resistance

Question 20

Rape by fraud

Answer 20

Rape that occurs where the consent is given due to a lie

Question 21

Statutory rape

Answer 21

victim cannot legally consent

Question 22

MPC Rape

Answer 22

A male who has sexual intercourse with a female not his wide is guilty of rape if:
He Compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or
He has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs or intoxicants to prevent resistance
The female is unconscious

Question 23

Inchoate defined

Answer 23

It is committed prior to and in preparation of what may be a more serious offense.

Question 24

Attempt

Answer 24

done in anticipation or preparation for a criminal act/ done in furtherance of a crime

can be used for strict liability cases but always has to be used for SPECIFIC intent crimes, so nothing reckless or negligent

Question 25

attempt elements CL

Answer 25

Dft has the specific intent or purpose to bring about the crime

has taken a substantial step towards completion/ engaged in furtherance of that intent based on that jurisdiction’s test

followed by failure to complete it.

Question 26

abandonment

Answer 26

defense of attempt and applies if the perp voluntarily AND completely renounces their criminal purpose

Question 27

impossibility

Answer 27

they cannot be guilty of an attempt to do the same when he fails to complete all of the intended acts.

Question 28

Attempt MPC

Answer 28

Purposely engages in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; or

When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or

Purposely does or omits to do anything that, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

Question 29

Accomplices CL

Answer 29

A party who assists or encourages a principal to commit a crime, but who is not present at the time and place that the crime is committed

Question 30

Accomplices MPC

Answer 30

With the purpose of promoting or facilitating the commission fo the offense, he:
1. solicits such other person to commit it, or

2. aids or agrees or attempts to aid such other person in planning or committing it, or
3. having a legal duty to prevent the commission of the offense, fails to make proper effort so to do; or

his conduct is expressly declared by law to establish his complicity.

Question 31

Withdrawal

Answer 31

defense for accomplice

More demanding than abandonment defense – people could still be out there committing crime based on your aid.

Not an accomplice if he terminates complicity prior to commission, and:

(i) wholly deprives it of effectiveness in the commission, or

(ii) gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent commission.