Offenses Flashcards
Express malice murder
Common law
Express malice/ malice aforethought (Equivalent to MPC purpose and knowledge)
intentional killings
premeditation and deliberation
Implied Malice
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
Negligent homicide
Substantial and unjustifiable risk
ask, Was an individual’s standard of care sufficiently negligent to equate to the charge?
Gross negligence homicide
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
MPC Murder
Committed purposely or knowingly; or
Committed recklessly under circumstances manifesting extreme indifference to the value of human life
MPC Manslaughter
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
MPC Negligent Homicide
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
Voluntary manslaughter (common law)
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
Provocation
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
5 provocations
Extreme assault on dft
Mutual combat
Illegal arrest of dft
Injury or serious abuse of close friend or relative
Sudden discovery of spousal adultery
Involuntary manslaughter (CL)
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
Felony Murder
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)
How does felony murder help the state?
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
Felony murder limitations
Independent felony or “merger” limitation
Inherently dangerous felony limitation
In furtherance of the felony limitation
Rape defined
non-consensual sexual intercourse completed by force or threat of force
Rape in CL
Force/ threats of force with a lack of consent
Force CL
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
Threats of force CL
Threat that prevents the victim from resisting due to a reasonable apprehension of fear for their safety
Lack of consent CL
used to require utmost resistance
Rape by fraud
Rape that occurs where the consent is given due to a lie
Statutory rape
victim cannot legally consent
MPC Rape
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
Inchoate defined
It is committed prior to and in preparation of what may be a more serious offense.
Attempt
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
attempt elements CL
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.
abandonment
defense of attempt and applies if the perp voluntarily AND completely renounces their criminal purpose
impossibility
they cannot be guilty of an attempt to do the same when he fails to complete all of the intended acts.
Attempt MPC
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.
Accomplices CL
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
Accomplices MPC
With the purpose of promoting or facilitating the commission fo the offense, he:
1. solicits such other person to commit it, or
- aids or agrees or attempts to aid such other person in planning or committing it, or
- 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.
Withdrawal
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.
