Flashcards in Concord Rule Statements Deck (65):
Killing of a human being by the defendant's act
Homicide with malice aforethought
CL: Intent to kill with deliberateness (but can be shown in other ways)
Deliberate creation or Willful disregard of an extreme and unreasonable risk of death or serious bodily injury which results in the death of another
Felony Murder Rule:
If someone dies as a proximate result of and during the perpetration of an inherently dangerous felony, all the parties that committed the felony will be held vicariously liable for the death
Under the felony murder rule, is there a requirement of an intent to kill?
No, there must be an intent to commit a felony, a death must result from the felony, The death must be a proximate result of the underlying crime, and in furtherance or during the perpetration of the felony
What are the felonies covered by the felony murder rule?
CL: any felony
Modernly: only crimes that are generally dangerous to life
* some jurisdictions: BARRK
What are the two ways that the "dangerous to life" restriction is treated for felony murder?
- Objective view: felony is of an inherently dangerous nature
- Subjective view: felony was committed in a way to create a foreseeable risk of severe danger
Felons and co-felons are equally responsible for the consequences of their individual acts committed as part of, and in furtherance of, the underlying felony
Intentional killing of another human being where there are mitigating circumstances warranting reduction of the charge from murder to manslaughter
Heat of passion and emotional disturbance. Circumstances provoked the defendant to the point where he could not reflect before acting
The mitigation defense is only available for what crime?
If a reasonable cooling off period has elapsed, can there be mitigation?
Imperfect self defense:
Reduces murder to manslaughter where the defendant honestly, but unreasonably believes the deadly force is necessary to defend himself or a third-party
Unintentional killing which is the result of:
- death during the perpetration of a non-dangerous felony or misdemeanor
- A death resulting from a grossly reckless act
- A negligent homicide
- or an intent to inflict non-serious bodily harm that results in death
What are the degrees of murder?
1st° and 2nd°
What is first degree murder?
Premeditated murder, or felony murder
2nd degree murder:
All other murder than first
What are the crimes against people besides murder?
Battery, assault, mayhem, rape, kidnapping, false imprisonment
What is battery?
Direct or indirect unlawful touching of another person without consent and with the intent to cause injury, and injury in fact results
Attempted battery. Placing another in fear of imminent serious physical injury, with the intent to cause such fear. The victim's apprehension must be of immediate violence
Unlawful sexual intercourse with a woman against her will by force or by threat of immediate force
Non-forcible statutory rape:
Sexual intercourse with a woman who by reason of age, is incapable of consenting to such conduct
Unlawful seizure of a person plus asportation
Taking a person from one place to another
What are the crimes against property?
Theft crimes and structure crimes
What are the theft crimes?
Larceny, robbery, extortion, larceny by trick, embezzlement, false pretenses, receiving stolen property
What is larceny?
A crime against possession, where the defendant unlawfully takes and carries away another person's goods with the intent to convert them to the taker's own use
Taking of property by the threat immediate harm of force or violence
A threat to the victim to cause him or another person future harm along with an intent to receive the victim's property as a result of the threat
Larceny by trick:
The defendant, with the intent to permanently deprive the owner of her property, obtains that property by fraud
Intent to fraudulently convert property that is lawfully in the embezzler's possession. Fraudulent conversion of property by selling, spending, damaging, or failing to return the entrusted property
Obtaining title and possession of property by fraud and does so by knowingly making a false statement with the intent to defraud the victim
Just taking possession, but not title is considered what?
Larceny by trick
Receiving stolen property:
Defendant must receive property knowing it is stolen and must have the intent to deprive the owner of the property
What are structure crimes?
Burglary and arson
What is burglary?
Breaking And entering of another's dwelling at night with intent to commit an offense within
When must The intent be present for burglary?
The time of the unlawful entry
Trickery to enter a dwelling is considered what?
A breaking in
Intentionally starting a fire that burns another's dwelling, even if there's only slight damage. Must be intent to burn or recklessness
What are the preliminary offenses?
Solicitation, conspiracy, attempt
Asking another person to commit a crime with the intention that the crime be committed
CL: when defendant enters an agreement to commit a crime
MPC: defendant enters an agreement to commit a crime and an overt act is done toward the commission of the target offense
Withdrawal from conspiracy:
CL: conspiracy is complete when the agreement is made, there can be no withdrawal
MPC: withdrawal is a defense if the withdrawing party thwarts the success of the conspiracy under circumstances showing a complete and voluntary renunciation of criminal purpose
CL: An intent to commit a crime and an act which tends to consummate the crime
MPC: defendant purposely engages in conduct that shows he has taken a substantial step toward the commission of the offense
What are defenses?
Self defense, defense of others, crime prevention, apprehension of fleeing felon, mistake, entrapment
D claims the use of force was necessary to protect himself or third-party from immediate bodily harm
What Are the two important rules for self-defense?
D can only use reasonable force and cannot be the initial aggressor, unless he renounces the aggression
Defense of others:
- some jurisdictions: D may use force to the extent the third-party could've used force
- others: D can use reasonable force to protect a third-party if it reasonably appeared necessary
D can use reasonable force to prevent a felony, but deadly force can only be used to prevent crimes of violence (BARRK)
Apprehension of fleeing felon:
Person can use reasonable force to apprehend a fleeing felon if the felony was committed in the citizen's presence, and deadly force can only be used if the fleeing felon presents a danger to the life of others
What Are the two categories of mistake?
Defense to specific intent crime, and defense to general intent crime
How is mistake defense to a specific intent crime?
When the mistake negates the mental element that is required for the offense
How is mistake a defense to a general intent crime?
Not a defense if the conduct is criminal without consideration of defendant's specific intent
When defendant is actively encouraged to commit a crime by a state official, so long as he was not previously disposed to commit the offense
What is the classification of parties?
Principal in the 1st°, principal in the 2nd°, accessory before the fact, accessory after-the-fact
What is a principal in the 1st°?
Those that actually commit the offense
Principal in the 2nd°:
Accomplices who are actively or constructively present at the scene of the crime, and aided in the commission of the offense
Accessory before the fact:
Accomplices that aides the crime but are not actually or constructively present during its commission
Rendered assistance after the crime was committed
What are the requirements for accomplice liability?
Agreement for some unlawful purpose, and a majority of states require an overt act in furtherance of the agreement
All accomplices are held responsible for what?
Those acts and crimes within the scope of the conspiracy. The foreseeable consequences of the underlying crime
What is the definition of necessity as a defense?
This applies when nonhuman events compel a defendant to commit a criminal act to avoid a greater harm from occurring, and there can be no viable option other than the greater harm, or the D's course of action
What are other things you need to consider when discussing necessity a defense?
- if there were other third options
- if the threat of death was imminent