2nd Assessment (b) Flashcards
AR (~causation) + Mens Rea + (No Def) =
Criminal Liability
If you see no Mens Rea portion of statute then ..
Consider STRICT LIABILITY - at least in essay cover it
Causation means ?
A result Element is required ..ex: unlawfully CAUSING the death of another
Causation - 2 Prongs
- “But For”
2. Proximate Cause (Legal Causation)
“But For “ means
But for the Def action would the Victim have died?
If Yes - Possible Homicide
Proximate Cause means
Directness from injury to death,Foreseeability link to death without an intervening event
Ex- Arson -> death of fireman / Serious Bodily Injury -> Medical Malpractice
Voluntary Manslaughter
Heat of Passion Murder
MPC equivalent is Extrem Emotional Disturbance
Willful - in terms of Homicide
A willful killing is one where the killer’s purpose in engaging in the actus rea is to kill another person. In other words, an intentional killing
Felony Murder
strict liability rule that says if you satisfy the elements of the predicate felony, then you automatically responsible for the murder that takes place during
Elements for Heat of Passion
A) Legally Sufficient Provocation (words alone are not enough)
[Prior provocation can never be SOLE cause of sudden passion] [Same sex advance doesn’t count as provocation]
B).Reasonable Person might act similarly
C) There has been no cooling off period
Examples of Malum Prohibitum
Selling liquor to a minor, Speeding, and Running a stop sign.
[conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is evil in and of itself]
Defenses to Crime
Justification, Excuse, and Mitigation.
Heat of Passion Killing (mitigation)
Mitigates murder to voluntary manslaughter
Mistake of Law
If Defendants conduct is illegal, mistake of law is no defense, even if he/she think his/her conduct is legal. Ignorance of the law is no defense. Also, bad advice from a lawyer, that an act is legal, is no defense to a crime
Mistake of Fact
Specific intent crime Mistake of Fact can be unreasonable, but must be in good faith honest mistake.