Rule Statements

Question 1

Illegal Drug Possession

Answer 1

Defendant must:
(1) know of the substance’s presence and
(2) know that the substance is a controlled substance

Question 2

WDP Murder

Answer 2

Defendant must:
(1) Show intent to kill (willful);
(2) Consider killing beforehand (premeditated); and
(3) Form or arrive at or determine upon as a result of careful thought and weighing of considerations for or against the proposed course of action (deliberate)

Question 3

Felony Murder in the First Degree

Answer 3

The defendant must:
(1) intend to commit the underlying felony listed in PC § 189;
(2) the death occurs during the commission of the felony; and
(3) there was a causal connection between the underlying felony and the death

Question 4

Torture Murder

Answer 4

The defendant must show:
(1) Acts of causing death that involve a high degree of probability of the victim’s death; and
(2) A willful, deliberate, and premeditated intent to cause extreme pain or suffering for the purpose of revenge, extortion, persuasion, or another sadistic purpose

Question 5

Lying in Wait

Answer 5

The elements of lying in wait are:
(1) The defendant must conceal her purpose;
(2) Must be a substantial period of watching and waiting for the opportune moment to attack, although there is no fixed time limit on how long the defendant must lie in wait. Time can be short, provided killing is immediately preceded by lying in wait. Defendant does not have to kill at first opportunity; and
(3) Defendant commits a surprise attack on the unsuspecting victim from a position of advantage

Question 6

Murder by Poison

Answer 6

The defendant must:
(1) Deliberately give the victim poison; and
(2) With intent to kill victim or inflict injury likely to cause death

Question 7

Drive by Shooting Murder

Answer 7

The defendant must:
(1) Discharge a firearm from a motor vehicle;
(2) Intentionally at another person outside of the vehicle; and
(3) With intent to inflict death

Question 8

Explosives or Armor Penetrating Ammunition

Answer 8

Defendant must:
(1) Use destructive device or explosive, a weapon of mass destruction; and
(2) Knowing use of ammunition designed penetrates metal or armor

Question 9

Intent to Kill Murder without Premeditation and Deliberation

Answer 9

Defendant must:
(1) Intend to kill

Question 10

Provocation Sufficient to Lower First-Degree Intent to Kill to Second-Degree or Manslaughter

Answer 10

To lower to second-degree, the defendant must:
(1) Intend to Kill;
(2) Kill where the provocation would not cause an average person to experience deadly passion; and

To lower to voluntary manslaughter, the defendant must:
(1) Intend to kill;
(2) Kill where the provocation would cause an average person to experience deadly passion

Question 11

Depraved Heart Murder

Answer 11

The defendant was:
(1) Engaged in conduct that was extremely dangerous to human life;
(2) Defendant was aware of the risk to human life; and
(3) Defendant consciously disregarded the risk and proceeded anyways

Question 12

Second-Degree Felony Murder

Answer 12

The defendant must:
(1) intend to commit an underlying felony not listed in PC § 189;
(2) The felony must be inherently dangerous to human life (IDHL);
(3) the death occurs during the commission of the felony; and
(4) there was a causal connection between the underlying felony and the death