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Question 0

What is the difference between recklessness and criminal negligence?

Answer 0

• 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

Question 1

What are some examples of recklessness?

Answer 1

Mishandling a loaded weapon, or dangerous operation of a car

Question 2

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?

Answer 2

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

Question 3

What is the misdemeanor manslaughter rule?

Answer 3

An unintentional killing committed during an unlawful act that isn’t a felony

Question 4

Does the misdemeanor manslaughter rule only apply to misdemeanors?

Answer 4

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

Question 5

What is Malum in se?

Answer 5

Inherently wrong/immoral act

Question 6

Are some examples of Malum in se crimes?

Answer 6

Murder, arson, rape

Question 7

What is Malum prohibitum?

Answer 7

An act that is wrong merely because it violates a statute is meant to maintain order

Question 8

What does the MPC say about the misdemeanor manslaughter rule?

Answer 8

Rejects it

Question 9

If you get cocaine for yourself and your girlfriend, and she dies, what can you be charged with?

Answer 9

Involuntary manslaughter under the misdemeanor manslaughter rule, because you distributed the cocaine that caused her death

Question 10

What are some examples of malum prohibitum crimes?

Answer 10

Hunting without a license, driving without insurance

Question 11

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?

Answer 11

Involuntary manslaughter under the misdemeanor manslaughter rule, or murder according to depraved heart theory

Question 12

How can intent to cause slight injury result in an involuntary manslaughter charge?

Answer 12

If you just mean to assault them, but you cause an unintended and unforeseeable death (egg shell skull)

Question 13

How can you get an involuntary manslaughter charge based on the failure to act?

Answer 13

If there’s a duty to act, and the failure was an unlawful or reckless one

Question 14

If you attempt to commit suicide with bystanders nearby, and you accidentally kill one of them, what is your liability?

Answer 14

Involuntary manslaughter, because of your reckless conduct

Question 15

What is the difference between voluntary manslaughter and involuntary manslaughter?

Answer 15

Voluntary involves intent to kill, involuntary has no intent

Question 16

What is 1st degree murder?

Answer 16

• premeditated and deliberate
• intent to kill
  OR….
• killing that takes place during the commission of a felony, or
• murder accomplished by special means

Question 17

If your crime is lacking malice, premeditation, or deliberation, can it be first-degree murder?

Answer 17

No, it is 2nd degree

Question 18

How can premeditation and deliberation be inferred?

Answer 18

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

Question 19

Does transferred intent apply in first-degree murder?

Answer 19

Yes

Question 20

In order to have first-degree murder, where must the malice come from?

Answer 20

Intent to kill, or felony murder

Question 21

Intent to cause great bodily harm and depraved heart malice will always result in what kind of crime?

Answer 21

2nd degree murder

Question 22

What is premeditation?

Answer 22

The person considers the killing beforehand and reflects on it

Question 23

Is premeditation determined by an objective or subjective standard?

Answer 23

Subjective

Question 24

How long must reflection occur for premeditation?

Answer 24

An appreciable time, which can be only a matter of seconds

Question 25

What are the two approaches to premeditation?

Answer 25

• Carrol approach

- Guthrie/Anderson approach

Question 26

What is the Carrol approach to premeditation?

Answer 26

Any cool, deliberate thought, even if formed in a matter of seconds, is enough

Question 27

What is the Carol approach to premeditation case about?

Answer 27

Defendant killed his wife that was abusing his kids, so one night he reached for his gun and shot her in bed

Question 28

What is the Guthrie/Anderson approach to premeditation?

Answer 28

Purposeful and preconceived reflection demonstrated by two of these:

• planning activity
• motive
• manner of killing

Question 29

What was the Anderson approach case about?

Answer 29

D stabbed a 10-year-old girl to death in the house and hid her body and lied to the family

Question 30

What is the division about how much time is required for premeditation?

Answer 30

• 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

Question 31

If a killer is found incapable of premeditating and deliberating, then usually he’s found guilty of what?

Answer 31

2nd degree murder

Question 32

How could someone be found incapable of premeditation and deliberation?

Answer 32

Incapacity from:

• low intellect
• terror
• emotional upset

Question 33

What is deliberation?

Answer 33

Contemplating a killing with a cool mind that is capable of reflection and meaningful thought

Question 34

Is deliberation subjective or objective?

Answer 34

Subjective

Question 35

Can voluntary intoxication ever help a defendant get out of first-degree murder?

Answer 35

Yes, if the intoxication precludes him from acting with premeditation and deliberation