crim

Question 1

cause in fact for homicide

Question 2

Failure to act giving rise to liability

Answer 2

A failure to act gives rise to liability only if
- there is a legal duty to act;
- the defendant has knowledge of the facts giving rise to the duty to act; AND
- it is reasonably possible to perform the duty

Question 3

Four core elements of (most) crimes

Answer 3

• physical act (or omission)
• mental state
• causation
• concurrence (act and mental state present at same time)

Question 4

Specific intent

Answer 4

Specific intent crimes require that the crime be committed with a specific intent or objective

Question 5

Malice mens rea

Answer 5

The necessary intent for malice crimes require a reckless disregard of an obgious or high risk that the particular harmful result will occur

Question 6

Malice crimes include _____

Answer 6

The malice crimes are common law murder and arson

Question 7

Strict liability as a mens rea

Answer 7

Strict liability only requires that the defendant’s voluntarily commit the actus reus. Defenses that negate state of mind are NOT admissible

Question 8

MPC purposefully

Answer 8

A defendant acts purposefully when it is their conscious objective to bring about a certain result

Question 9

MPC knowingly/willingly

Answer 9

A defendant acts knowingly when they are aware that their conduct is of the nature required by the crime or the circumstances required by the crime exist

Question 10

MPC recklessly

Answer 10

A defendant acts recklessly when they act with conscious disregard of a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct. The risk must constitute a gross deviation from the standard of conduct of a law abiding person

Question 11

MPC negligence

Answer 11

A defendant acts negligently when they fail to perceive a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct. The risk must constitute a gross deviation from the conduct of a reasonable person.

Question 12

CL murder

Answer 12

Murder is the unlawful killing of a human being with malice aforethought.

Question 13

When is there malice aforethought

Answer 13

Malice aforethought exists when there are no facts reducing it to voluntary manslaughter AND it is committed with one of the following states of mind
- intent to kill
- intent to inflict serious bodily injury
- reckless indifference to an unjustifiably high risk to human life; or
- intent to commit a felony under the felony murder rule

Question 14

Voluntary manslaughter

Answer 14

Voluntary manslaughter is a killing that would be murder BUT FOR the existence of adequate provocation

Question 15

When is provocation adequate for voluntary manslaughter

Answer 15

provocation is adequate only if
- the provocation arouses a sudden and intense passion in the mind of an ordinary person, causing him to lose self control; AND
- there was not sufficient time between the provocation and killing for the passions of a reasonable person to cool off

Question 16

Involuntary manslaughter

Answer 16

Involuntary manslaughter is an unintentional killing committed
- with criminal negligence; OR
- during an unlawful act

Question 17

criminal negligence for involuntary manslaughter

Answer 17

criminal negligence is grossly negligent action (or inaction, where there is a duty to act) that purs another person at significant risk of serious bodily harm or death

Question 18

Unlawful act for involuntary manslaughter

Answer 18

• a killing committed during a misdemeanor; or
• killing committed in the comission of a felon that is not treated as a 1st degree felony or 2nd degree murder

Question 19

First and second degree murder

Answer 19

in some JDXs, murder is divided into degree by statute. Generally, a murder is 2nd degree unless it falls into the following statutory aggravating circumstances, which makes it 1st degree
- premeditation
- felony murder
- heinous murder

Question 20

Premeditation

Answer 20

A murder is deliberate and premeditated if the defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a very brief period

Question 21

Felony murder

Answer 21

In many states, a killling committed during the commission of an enumerated felony is felony murder. It is usually BARRK, as well as other inherently dangerous felonies

Question 22

Heinous murder

Answer 22

A murder performed in a certain way (e.g., torture, mutilation). Some states make this 1st degree murder

Question 23

Felony murder rule

Answer 23

A death caused in the commission of, or in an attempt to commit, a felony is murder.

Question 24

Defending against felony murder thru failing to commit underlying felony

Answer 24

• To be guilty of FMR, the D must have committed or attempted to commit the underlying felony.
• A defense that negates an element of the underlying offense is also a defense to felony murder

Question 25

Defending against FMR from felony not being distinct from killing

Answer 25

• the felony must be distinct from the killing itself in order to qualify under FMR
• e.g., committing a battery that causes someone to die is not FMR because battery is not distinct from killing

Question 26

Death as foreseeable reuslt from felony murder

Answer 26

To be liable for FMR, the death must have been a foreseeable result of the felony

Question 27

FMR and death after immediate flight

Answer 27

• To be liable for FMR, the death must have been caused before the defendant’s immediate flight from when the felony ended
• e.g., once felon has reached place of safety, subsequent deaths are not FMR

Question 28

Causation for homicide

Answer 28

To be liable for homicide, the D’s conduct must have been both the cause in fact and proximate cause of the victim’s death