Crim Law

Question 1

Define Homicide

Answer 1

is the killing of a human being by another human being, either lawfully or unlawfully. Homicide includes an unlawful killing such as murder and manslaughter; and lawfully killings that are excusable and justifiable.

Question 2

Define Murder under Common Law

Answer 2

Murder is an unlawful killing of another with malice aforethought, expressed or implied

Question 3

Elements to prove murder

Answer 3

to prove murder are an unlawful killing, human being, and malice

Question 4

Unlawful Killing

Answer 4

is a killing that is neither justifiable nor excusable.

1. Justifiable is killing that was commanded or authorized by the law.
2. Excusable is a killing under certain circumstances not involving criminal guilt (self-defense, accidents, etc.)

Question 5

Killing of a human being by human being

Answer 5

A living person must die. A body need not be found; death can be established by circumstantial evidence

Question 6

Define Malice aforethought

Answer 6

Malice is a wrongful act done intentionally, without just cause or excuse, expressed or implied. Malice does not have to be directed at a specific person.

“Malice aforethought” includes the following mental states: intent to kill, intent to inflict serious bodily injury, reckless indifference to an unjustifiably high risk to human life (depraved heart), or the intent to commit certain felonies (felony murder)

Question 7

Expressed Malice

Answer 7

Expressed malice is the intent to kill and in some jurisdictions the Deadly Weapon Rule.

Question 8

Intent to Kill

Answer 8

The intent to kill is conduct where the DF consciously desires to kill another person or make the resulting death inevitable.

Question 9

Deadly Weapon Rule

Answer 9

Under deadly weapon rule an inference of intent to kill may be made if an intentional use of a deadly weapon was used in the commission of the crime.

Question 10

Implied Malice

Answer 10

2. Implied malice is the intent to inflict bodily harm, depraved heart, or federal murder rule.

Question 11

Intent to inflict bodily harm

Answer 11

IIBH is significant or substantial physical injury that is greater than minor or moderate harm and grievously interferes with the health or comfort of the victim.

Question 12

Depraved heart

Answer 12

is when the DF has actual awareness and acts with conscious disregard of an unjustifiably high risk to human life; a wanton and willful disregard for human life.

Question 13

Felony Murder Rule

Answer 13

is a killing occurred during the commission or attempt commission of an inherently dangerous felony. This includes both accidental and intentional killings.

If a killing occurs while the DF is fleeing from the scene of the felony, he may be guilty under felony murder rule; however if the DF has reached a place of safety then the felony murder rule will not apply because the felony is deemed to have terminated.

Question 14

Inherently dangerous

Answer 14

is if there is a high probability of death, the most common felonies are: Kidnapping, Robbery, Rape, Arson, Burglary –KRRAB

Question 15

First Degree Murder

Answer 15

is generally defined as a willful, deliberate and premeditated intent to kill or heinous act or during the commission of an inherently dangerous felony.

Question 16

Elements of First Degree Murder

Answer 16

1. DF acts willfully intent to kill is conduct where the DF consciously desires to kill another person or make the resulting death inevitable.
2. Premeditation and deliberation is when the DF reflected on the idea of killing or planned the killing. It must be long enough after forming the intent to kill for the defendant to have been fully conscious of the intent and to have considered the killing.
3. A heinous murder resulting from an egregious act, such as ambush (i.e., lying in wait), torture, bombing, terrorism, or poisoning, may be classified as first-degree murder
4. Inherently dangerous felony; the most common felonies are: Burglary, Arson, Robbery, Kidnapping, Sex Crimes, Mayhem – BARKSM

Question 17

Second Degree Murder

Answer 17

is all other killings with malice or when there is insufficient evidence to establish deliberation, premeditation or inherently dangerous felony under first-degree murder.

Question 18

Manslaughter

Answer 18

Is the unlawful killing of a human being by another human being without malice aforethought.

There are types: Voluntary Manslaughter and Involuntary Manslaughter

Question 19

Voluntary Manslaughter

Answer 19

is the unlawful killing of a human being by another human being without malice aforethought and is committed in the heat of passion based upon adequate provocation or done in good faith but unreasonable belief in self-defense.

Question 20

Elements of Voluntary Manslaughter

Answer 20

1. Unlawful killing is a killing that is neither justifiable nor excusable.
2. Intent to kill is conduct where the DF consciously desires to kill another person or make the resulting death inevitable.
3. A kill of a human being by another human being.
4. Without malice is when there is no inflict bodily harm, depraved heart, or federal murder rule.
5. Acting in the heat of passion bases upon adequate provocation
6. Imperfect Self-defense is when the DF acted in good faith but had unreasonable belief of in the need of self defense; DF believe that harm was imminent or that deadly force was necessary.

Question 21

Adequate provocation

Answer 21

must be such that a reasonable person would lose self-control (objective standard)

Question 22

Heat of Passion

Answer 22

must be so extreme that the action is being directed by passion rather than reason (subjective standard)

Question 23

Involuntary Manslaughter

Answer 23

is the unlawful killing of a human being by human being without malice aforethought and without intent to kill; is committed with criminal negligence or during an unlawful act.

Question 24

Elements of Involuntary Manslaughter

Answer 24

1. Unlawful killing is a killing that is neither justifiable nor excusable.
2. A kill of a human being by another human being.
3. Without malice is when there is no inflict bodily harm, depraved heart, or federal murder rule.
4. Criminal Negligence or an Unlawful Act

Question 25

Criminal Negligence

Answer 25

is the gross deviation from reasonable standard of care and is more than mere tort negligence; the risk is one that the DF should have known of.

Question 26

Unlawful Act

Answer 26

may occur in one of two ways: 1. Under the misdemeanor-manslaughter rule, which is a killing committed in the commission of a malum in se (wrong in itself) misdemeanor; or 2. A killing committed in the commission of a felony that is not statutorily treated as first-degree felony murder or second-degree murder.

Question 27

Define Rape

Answer 27

Under common law rape is unlawful carnal knowledge with a woman, not his wife, without consent by force or fear. Under modern law rape is sexual intercourse against will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury.

Question 28

Elements of Rape

Answer 28

1. Unlawful carnal knowledge 2. With a woman, not his wife 3. Without consent 4. By force or fear

Question 29

False imprisonment

Answer 29

is the intentional, unlawful confinement or restraint of another person without consent.

Question 30

Elements of False Imprisonment

Answer 30

1. Intent 2. Confinement is unlawful unless is it consented to or specifically authorized by law. 3. Confinement or restraint may be accomplished by physical barriers, physical force, threat of force, assertion of authority, which results in submission. 4. Without consent, in order for consent to be effective, consent must be given freely, and the one consenting must have the capacity to do so.

Question 31

Kidnapping

Answer 31

Under common law kidnapping is the forcible abduction or stealing away of a person (man, woman or child) from their country and sending them to another country. Under modern law kidnapping is any taking, holding, or detaining and carrying away of a person without consent by force or fear.

Question 32

Elements of Kidnapping

Answer 32

1. The taking, holding or detaining, means the victim’s freedom of movement must be significantly restricted. 2. Carrying away need only be moved a short distance. 3. A person 4. Without consent, in order for consent to be effective, consent must be given freely, and the one consenting must have the capacity to do so. A child cannot consent to be taken out of the control of a parent or guardian. 5. Force or fear

Question 33

Mayhem

Answer 33

Under common law mayhem is a malicious depriving of another of the use of such of his members as may render him less able, in fighting, either to defend himself or annoy his adversary. Under modern law mayhem is the intent to maim or do bodily injury accompanied by an act that either: i. Dismembered the victim or ii. Disabled their use of some bodily part that was useful in fighting or iii. Permanent disfigurement

Question 34

Dueling

Answer 34

is fighting by previous agreement with deadly weapons. Under common law this is a misdemeanor. The law does not recognize consent nor justify or excuse conduct in these arrangements. Thus if a person kills another while dueling they may be held guilt of murder.

Question 35

Elements of Dueling

Answer 35

1. Actual fighting 2. Previous agreement 3. Deadly weapon

Question 36

Arson

Answer 36

is the malicious burning of the dwelling house of another.

Question 37

Elements of Arson

Answer 37

1. Malicious is when the DF intentionally took action that involved a substantial risk of burning; it is done voluntarily without excuse or justification. 2. Burning is when some part of the structure itself is physically damaged by fire. The slightest charring will suffice; however, the mere discoloration by heat or blistering of paint is not enough 3. Dwelling is the usual place of sleep, which has been inhabited at least once by occupier and can be any building within the curtilage of the main house. 4. Of another

Question 38

Burglary under Common Law

Answer 38

Under common law burglary is the breaking and entering of the dwelling of another in the nighttime with the intent to commit a felony. Under morden law burglary is every person who enters a variety of structures with intent to commit grand or petit larceny or any felony is guilty of burglary.

Question 39

Elements of Burglary under Common Law

Answer 39

1. Breaking is accomplished by using the slightest force to create an opening into a dwelling, such as by shattering a window or kicking in a door, opening a closed door, using a key etc. 2. Entry is achieved by placing any portion of the body inside the structure or by an instrument used for criminal purposes and not merely to gain entry. 3. Trespassory is when both the breaking an entering is done without the consent of the occupier. 4. Dwelling is the usual place of sleep, which has been inhabited at least once by occupier and can be any building within the curtilage of the main house. 5. Of another 6. Nighttime at is one hour after sunset and one hour before sunrise of the following day. 7. DF intend prior to breaking and entering to commit a felony, intent after the fact is insufficient. It does not matter whether the DF committed the felony or not, only that he had the intent to commit a felony in the first place.

Question 40

Elements of Burglary under Modern Law

Answer 40

1. Entry is achieved by placing any portion of the body inside the structure or by an instrument used for criminal purposes and not merely to gain entry. 2. Structure is any house, room, apartment.... or other building 3. DF intend prior to breaking and entering to commit a felony, intent after the fact is insufficient. It does not matter whether the DF committed the felony or not, only that he had the intent to commit a felony in the first place.