Page 20 Flashcards
What is the difference between recklessness and criminal negligence?
- recklessness: deliberately creates extreme risk to others
- criminal negligence: is a deliberate breach of the duty to protect others from extreme risks that exist through no fault of the defendant
What are some examples of recklessness?
Mishandling a loaded weapon, or dangerous operation of a car
If you lend your car to a friend that you know is drunk, and he gets in an accident and kills someone, what is your liability?
You created a substantial and unreasonable risk of death to others, so even though the friend’s negligence was an intervening cause of death, it was dependent because it was a response to the situation you created and was foreseeable, so you would be liable under involuntary manslaughter
What is the misdemeanor manslaughter rule?
An unintentional killing committed during an unlawful act that isn’t a felony
Does the misdemeanor manslaughter rule only apply to misdemeanors?
No, it would be better named a homicide that happened during the commission of a malum in se crime that isn’t an inherently dangerous felony
What is Malum in se?
Inherently wrong/immoral act
Are some examples of Malum in se crimes?
Murder, arson, rape
What is Malum prohibitum?
An act that is wrong merely because it violates a statute is meant to maintain order
What does the MPC say about the misdemeanor manslaughter rule?
Rejects it
If you get cocaine for yourself and your girlfriend, and she dies, what can you be charged with?
Involuntary manslaughter under the misdemeanor manslaughter rule, because you distributed the cocaine that caused her death
What are some examples of malum prohibitum crimes?
Hunting without a license, driving without insurance
If you break into a diamond store, trigger the alarm, run away, and while you’re doing that you knock over a bystander who has a heart attack and dies, what is your liability?
Involuntary manslaughter under the misdemeanor manslaughter rule, or murder according to depraved heart theory
How can intent to cause slight injury result in an involuntary manslaughter charge?
If you just mean to assault them, but you cause an unintended and unforeseeable death (egg shell skull)
How can you get an involuntary manslaughter charge based on the failure to act?
If there’s a duty to act, and the failure was an unlawful or reckless one
If you attempt to commit suicide with bystanders nearby, and you accidentally kill one of them, what is your liability?
Involuntary manslaughter, because of your reckless conduct
What is the difference between voluntary manslaughter and involuntary manslaughter?
Voluntary involves intent to kill, involuntary has no intent
What is 1st degree murder?
- premeditated and deliberate
- intent to kill
OR…. - killing that takes place during the commission of a felony, or
- murder accomplished by special means
If your crime is lacking malice, premeditation, or deliberation, can it be first-degree murder?
No, it is 2nd degree
How can premeditation and deliberation be inferred?
By acts the defendant did prior to the killing, facts about the prior relationship between the victim and defendant, and the nature of the killing
Does transferred intent apply in first-degree murder?
Yes
In order to have first-degree murder, where must the malice come from?
Intent to kill, or felony murder
Intent to cause great bodily harm and depraved heart malice will always result in what kind of crime?
2nd degree murder
What is premeditation?
The person considers the killing beforehand and reflects on it
Is premeditation determined by an objective or subjective standard?
Subjective
How long must reflection occur for premeditation?
An appreciable time, which can be only a matter of seconds
What are the two approaches to premeditation?
- Carrol approach
- Guthrie/Anderson approach
What is the Carrol approach to premeditation?
Any cool, deliberate thought, even if formed in a matter of seconds, is enough
What is the Carol approach to premeditation case about?
Defendant killed his wife that was abusing his kids, so one night he reached for his gun and shot her in bed
What is the Guthrie/Anderson approach to premeditation?
Purposeful and preconceived reflection demonstrated by two of these:
- planning activity
- motive
- manner of killing
What was the Anderson approach case about?
D stabbed a 10-year-old girl to death in the house and hid her body and lied to the family
What is the division about how much time is required for premeditation?
- Majority view: can be formed in an instant and does the same thing as intent to kill
- Minority view: requires some meaningful reflection before the killing
If a killer is found incapable of premeditating and deliberating, then usually he’s found guilty of what?
2nd degree murder
How could someone be found incapable of premeditation and deliberation?
Incapacity from:
- low intellect
- terror
- emotional upset
What is deliberation?
Contemplating a killing with a cool mind that is capable of reflection and meaningful thought
Is deliberation subjective or objective?
Subjective
Can voluntary intoxication ever help a defendant get out of first-degree murder?
Yes, if the intoxication precludes him from acting with premeditation and deliberation
