Causation Flashcards
(26 cards)
Actual but for cause
d is an actual cause if a bad result would not have happened but for D’s conduct
prox legal cause
natural and probable consequence of d’s conduct
intervening cause
d’s act will not be considered prox cause if an unforeseeable intevening event caused the bad result
concurrence
D had the mental state for the crime at the same time they actually commited the crime
homicide cause rule in florida
in florida, there is no year and a day rule (CL said that someone cant be liable if the act that caused the death was a year and a day before the death occured)
malice aforethought
satisfied if there is an intent to kill 2) intent to cause serious bodily harm 3) depraved heart (extreme indifference to human life) or 4) felony murder
first degree murder
1) an unlawful premeditated killing of another 2) an unlawful killing of another while commiting an enumerated felony (felony specified in fl statute) or 3) D distributed or prepared controlled substance that was the prox cause of someones death
felony murder
unlawful killing of another during the commision or attempted commission of a felony (battery, arson, burglary, kidnapping)
2nd degree murder
d commited 1) an unlawful killing of another with a deparaved heart or an unlawful killing of another other than the co-felon during the commission of an enumerated felony
3rd degree murder
unlawful killing of another during a non enumerated (non-violent) felony
manslaughter
1) unlawful killing of another 2) by act, procurement or culpabile negligence 3) without justification FLORIDA DOES NOT DISTINGUISH BETWEEN VOLUNTARY AND INVOLUNTARY MANSLAUGHTER
theft
d 1)knowingly, 2) obtains or uses, 3) anothers property, 4) with the intent to either perm or temp deprive them of property
FL broad theft statute
florida combined larceny, embezzlement, false pretenses, and receipt of stolen goods (but receipt of stolen goods should be analyzed as sep crime)
receipt of stolen goods
requires 1) receiving control of stolen goods
2) knowledge that the goods are stolen and
3) intent to perm deprive the owner of the goods
Arson
general intent crime in FL. d 1) willfully and unlawfully or during commission of a felony 2) burned the dwelling or structure where persons are normally present
burglary
1) entered a dwelling structure or conveyance 2) with an intent to commit an offense therin unless premises was at the time open for public use or d was licensed/invited to be on premises
robbery
1) took and carried away 2) the owners property 3) from the owner 4) by force or threat 5) with the intent to permanently deprive the person of their property
first degree robbery
home invasion robbery - enters with intent to commit robbery and does commit robbery of occupants dwelling
car jacking - d takes motor vehicle of another with use of force and intent to perm deprive
assault
1) threat to commit violence 2) apparent ability to do so 3) the act is one that creates a reasonable fear that the violence is imminent
aggravated assault
1) with a deadly weapon and no intent to kill OR 2) with the intent to commit felony
Battery
1) actually and intentionally touching or striking another person against their will OR 2) intentionally causing harm to another person
Aggrevated battery
Battery 1) on a victim that D knew or should have known was pregnant 2) with a deadly weapon OR 3) where d intentionally or knowingly causes great bodily harm, perm disability, or perm disfigurement
false imprisonment
forcible abduction/restraint of another unlawfully against his or her will
kidnapping
false imprisonment PLUS 1) demand of ransom 2) comission of felony 3) infliction of bodily harm or terrorizing victim or 4) interference with govern function
