W3

Question 1

Actual Cause vs. Proximate Cause

Answer 1

actual cause = but for actor’s conduct, result would not have happened

proximate cause = when some but-for causal agent comes into play AFTER the ∆s voluntary act or omission and BEFORE the social harm occurs

Question 2

Common Law murder definition

Answer 2

causing the death of another person with malice aforethought

Question 3

MPC criminal homicide definition

Answer 3

a person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being

Question 4

Ex. of MPC criminal homicide

Answer 4

murder, manslaughter, or negligent homicide

Question 5

Intentional Murders by degrees (1st and 2nd)
NOTE: CL does not separate murder into degrees.
Prof would need to say “in a jx that separates murder into degrees”

Answer 5

1st degree murder = premeditaion & deliberation
2nd degree murder = w/o premeditation & deliberation as well as depraved heart(i.e., impulsive intent)

Question 6

CL Arson definition

Answer 6

the malicious, burning, of a building

Question 7

CL Voluntary Manslaughter Definition

Answer 7

an intentional killing committed in the heat of passion, as the result of adequate provocation

Question 8

MPC manslaughter Statute # & definition

Answer 8

210.3(1)(b) = homicide committed under unfluence of extreme emotional disturbance for which there is reasonable explanation or excuse

Question 9

CL Involuntary manslaughter definition

Answer 9

the killing of a human being w/ criminal negligence (gross deviation from reasonable standard of care)

Question 10

CL misdemeanor manslaughter definition

Answer 10

an accidental killing in the course of the commision of an unlawful act not amounting to a felony is manslaughter.

Question 11

CL Felony Murder definition

Answer 11

the killing of another human being, during teh commission or attempted commission, of a felony

Question 12

MPC felony murder

Answer 12

MPC does NOT use term felony murder.
sometimes allows inference of extreme recklesness

Question 13

inherently dangerous felony exception

Answer 13

• apply IDF limitaiton using “facts of the case” approach
• apply the limitation that the killing must be “independent” of the felony
• apply the limitation that the killing must be “in perpetration” / “in furtherance of the felony”