Page 14 Flashcards
What is the MPC stance on withdrawal for accomplice liability?
This is a defense if the defendant terminates his complicity before the commission of the offense and either:
• wholly thwarts the crime, or
• gives timely warning to law-enforcement
How does CL withdrawal work for accomplice liability?
- show repudiation of defendant’s prior aid
- conduct showing D did all that was possible to countermand his prior aid
- this was done before the chain of events leading to the crime became unstoppable
What are the special relationships that allow reasonable force to be used on another person?
- parent to minor child
- school teacher to student
- anyone with responsibility for care, discipline, or safety of others
How does a parent of a minor child have justification to use reasonable force?
Can do so to promote the child’s welfare or safeguard it, or punish for the child’s benefit.
What is the rule about parents punishing minor children through force?
They can do so as long as the punishment is:
- for the child’s benefit
- not excessive under the circumstances (ie: sex, age, health, past behavior, type of punishment, harm done)
Who all has permission to use force on a child?
Parents, and anyone acting in loco parentis (stepparent, lover living with parent, guardian, orphanage director)
What are the two different liability tests used to determine if a parent was using reasonable force on a child?
- objective
- subjective
What is the objective liability test to determine if a parent was using reasonable force on a child?
Would a reasonable person consider the punishment excessive?
What is the subjective liability test to determine if a parent has used unreasonable force on a child?
Did the punisher act with malice (purpose other than promoting the child’s welfare)?
How can malice be inferred from a parent that has used unreasonable force on a child?
If he inflicted excessive punishment that resulted in serious injury
What is the MPC liability test to determine if a parent has used excessive force on a child?
The force cannot be designed to cause substantial risk of:
- death/GBI
- disfigurement
- extreme pain
- mental distress
- gross degradation
Plus parent must be acting to:
- maintain discipline
- restrain/correct
- prevent/punish
- promote/safeguard the welfare of the child
When is a schoolteacher justified in using reasonable force on the student?
To enforce school discipline or promote the child’s education
Punishment by a school teacher on a student is acceptable so long as what?
It isn’t excessive under the circumstances
Can teachers discipline without the parents’ consent?
Yes, and can discipline for events that don’t happen on school grounds
What are the two tests to determine if a teacher has used unreasonable force on a student?
- malice rule
- reasonableness test
What is the malice rule to determine if a teacher has used reasonable force on a student?
So long as the purpose was to promote discipline and not maliciously inflict pain, the teacher is not liable for an error in judgment
What is the reasonableness test to determine if a teacher has used unreasonable force in disciplining a child?
Punishment cannot exceed what is reasonable under the circumstances
What is the MPC test to determine whether a teacher has reasonably disciplined a child?
Looks at the reasonableness and the purposes underlying the discipline. Teachers can use the same amount of force as parents so long as the purpose is to maintain discipline, promote the welfare of the child, stop a disturbance, or remove/restrain/correct
What are some of the relationships that are responsible for the care/discipline/safety of others and can use reasonable force on them?
Asylum administrators, prison wardens, ship captains, etc.
What does the MPC say about correctional officers using force?
They can use reasonable force to maintain order and enforce the rules of the prison
How much force are airplane employees allowed to use?
Deadly force if it is to prevent interference with the operation of the vessel
Can doctors use force as part of treatment?
Only if they have consent, or in an emergency situation
Can you use force on another to thwart a suicide attempt?
Yes to the extent reasonably necessary
What is the most tested area of criminal law?
Murder
What is murder?
An unlawful homicide with malice of forethought
What is a homicide?
The killing of one human being by another
What is malice aforethought for murder?
- intent to kill
- intent to cause GBI
- intent to commit an inherently dangerous felony
- or depraved heart
What is depraved heart?
Deliberate creation of extreme risk to others with awareness of the risks and a conscious disregard
What are the two ways to show malice?
- Express (stated in words)
- Implied by actions
Are there degrees of murder at common-law?
No
What are three ways you can get a 1st degree murder?
- willful, deliberate and premeditated killing
- a killing done by enumerated means
- killing caused by commission of an enumerated felony
All homicides are unlawful except for when?
Public executions and killings during war
Are accidental and justified homicides considered unlawful?
Yes
What is suicide?
Intentional destruction of oneself by one who is sane and who has reached the age of discretion
What is the punishment for suicide?
No penalty if it is successful
If a person unsuccessfully attempts to commit suicide, and injures someone else, what happens?
There’s criminal liability
If you purposely cause another to commit suicide by force, duress, or deception, what are you guilty of?
Criminal homicide
If your wrongful act drove someone to kill himself, how does causation work for you to be guilty of criminal homicide?
You are the actual cause of death, because they wouldn’t have committed suicide but-for your act, which was the proximate cause too because the suicide was a direct and natural result of your actions
