Page 16 Flashcards
What is the year and a day rule at common-law?
If a victim died more than one year and one day after the defendant’s act, the D was not the proximate cause
What are the four proximate cause scenarios to consider for homicide?
- year-and-a-day rule
- D and third-party cause death together
- intended results
- thirty party was the sole cause of death
The year and a day rule only applies to which law?
Common law
Modernly what has happened to the year and a day rule?
Has been eliminated or the time period has been extended
If the defendant and a third-party cause a death together, how does that affect proximate cause?
Causation depends on direct or indirect cause
- if defendant’s act was a direct cause: both are considered the direct causes of the death
If a defendant shoots a V in the shoulder and a third-party stabs him many times in the feet, and hours later he dies from blood loss, who is responsible for the death?
Both parties, because they both actually caused the death
In a situation when a series of unforeseeable events break the chain of causation in an unexpected way, is the defendant still liable for the homicide?
Yes if he acted with intent to cause a homicide, and the intended homicide resulted
If Dan makes a bomb and wants to blow up the victim, wraps it like a birthday present and mails it, but the truck crashes, the present floats to shore, and the V finds the package and takes it from the river and gets blown up by it, what is the liability?
Usually this would terminate proximate cause, but defendant intended to kill the victim and did kill the V, so the chain of causation being unforeseeable is irrelevant
Even if you didn’t personally commit the acts that caused the death, how can you be legally responsible?
- accomplice liability
- co-conspirator liability
- felony murder rule
- solicitation
- defendant’s omission caused the death
If you are an accomplice to the killer, can you be responsible for the killing?
Yes, because of accomplice liability
If you only provide post-crime aid to someone, are you vicariously liable for the death?
Generally no, but you will be charged with a lesser degree of liability
If a reasonably foreseeable result of a conspiracy is homicide, and it was committed in furtherance of the conspiracy, then where does liability lie?
With all members of the conspiracy regardless of who did the killing
If you solicit a criminal act, are you vicariously liable for the crime if the party actually commits it?
Yes
If you fail to prevent an injury/death, are you criminally liable if you had a duty to act?
Yes
If a parent knowingly fails to get medical help for a sick child, and the child does, what is the liability?
Homicide
What distinguishes murder from manslaughter?
Malice aforethought
How can malice aforethought be shown?
It can be implied by law or proved by evidence
How can homicide be presumed to be malicious?
If there is no proof that it resulted from sudden and violent provocation
What are the four states of mind that can establish malice?
- intent to kill
- intent to cause serious bodily
- depraves or wicked heart
- felony murder
How can intent to kill be presumed?
If a deadly weapon was used
What is considered serious bodily injury?
Substantial risk of death or serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
What must be proved to show a depraved and wicked heart?
That the defendant was aware of the risks and consciously disregarded them
What are ways that malice can be negated for felony murder?
Justification, excuse, mitigation
What is intent to kill?
Proof that defendant acted with the conscious desire to kill the victim or a substantial certainty that his actions would result in death
How can intent to kill be proven?
It can be either express or implied from circumstantial evidence
If someone says, “Eat dirt and die!” while pointing a gun at the victim, what can be implied?
Malice or intent to kill
If you stab a victim multiple times, what can be presumed?
Intent to kill
Does transferred intent apply to intent to kill?
Yes
What is the deadly weapon doctrine?
One who intentionally uses a deadly weapon on another human being, in the manner in which it was intended to be used, and thereby kills, has presumably intended to kill
Intent to kill can be inferred if a deadly weapon is used, but this is only an inference, so how can it be negated?
By the facts
If you shoot at a victim’s hand, but miss and the bullet ricochets off the wall and kills the victim, how can that negate intent to kill?
Because you only shot at his hand
What are considered deadly weapons?
Anything designed, made, or adapted for the purpose of inflicting death or serious physical injury
If you spike someone’s drink hoping they will pass out, but they die, is malice present?
Yes, even though you didn’t intend the death, because of the deadly weapon doctrine
If you shoot at the ground but the bullet ricochets and kills someone, because you used a gun, are you automatically liable for murder?
No, the facts can dictate that, so on an essay bring it up, and then shoot it down
Can intoxication work as a defense for intent to kill?
No because the standard is a reasonable sober man
What does intent to inflict serious bodily injury mean?
Engages in conduct knowing that it will create a high risk of death or bodily injury or should be aware
What is considered serious bodily injury?
Significant but non-fatal injury
How can intent to inflict serious bodily injury be proved?
By the surrounding circumstances, like words and behavior, or deadly weapon
If you pour boiling water on your neighbor because she had an affair with your spouse, what has been shown?
Intent to inflict great bodily injury
Does transferred intent apply to intent to inflict great bodily injury?
Yes
If you know that kids are playing in the distance, but you practice target shooting near them anyway, and you don’t intend to kill them, what does your behavior show?
Serious risk of death/GBI, which is wanton and willful misconduct (depraved heart)
If you drive on the wrong side of the road just for fun, going super fast in a residential area, and you hit a child, what does your behavior show?
Extreme disregard for human life/depraved heart
Depraved heart murder can only result in which degree of murder?
Second degree
How can socially reasonable risks negate willful and wanton misconduct?
Sometimes you can knowingly create a very high risk of death/GBI for a logical and socially reasonable purpose
What is an example of a socially reasonable risk that would negate willful and wanton misconduct?
Speeding to get someone to the hospital
What makes malice a general intent crime?
Wanton and willful misconduct/depraved heart, because it allows super recklessness
