Crimes to the Person Flashcards
(24 cards)
The Supreme Court has held that, under the Eighth Amendment, the death penalty may not be imposed for felony murder where the defendant,
as an accomplice, did not take or attempt or intend to take life, or intend that lethal force be employed.
criminal negligence involuntary manslaughter
causing a death by criminal neglignce
A person has mens rea for criminal negligence when
he fails to be aware of a substantial and unjustifiable risk, and this failure constitutes a gross deviation from the standard of care that a reasonable person would have exercised in the same situation.
Some states use ____________ as a standard for involuntary manslaughter and require that the person consciously disregard a substantial and unjustifiable risk
recklessness
A defendant must be both the ________ and ______ cause of the death.
cause-in-fact; proximate
A defendant’s conduct is the cause-in-fact of the death if
the death would not have occurred “but for” the defendant’s conduct.
A defendant is the proximate cause of a death if
the death was the natural and probable consequence of his conduct, even if he did not anticipate the precise manner in which it would occur.
An accomplice is a person who:
(i) with the intent to assist the principal and the intent that the principal commit the crime (ii) actually aids, counsels, or encourages the principal before or during the commission of the crime.
When the substantive offense has recklessness or negligence in its mens rea, most jurisdictions hold that the intent element is satisfied if the accomplice
(i) intended to facilitate the commission of the crime, and (ii) acted with recklessness or negligence (whichever is required).
An intervening act will shield the defendant from criminal liability when
the intervening act is mere coincidence or unforeseeable; the intervening act will then be deemed to be the actual proximate cause of the victim’s death.
unlawful act manslaughter
a death is caused by the defendant’s commission of an unlawful act
defense of duress
A person is not guilty of an offense, other than intentional homicide, if he performs an otherwise criminal act under the threat of imminent infliction of death or great bodily harm, provided that he reasonably believes death or great bodily harm will be inflicted on himself if he does not perform such conduct.
burglary
entry into the dwelling of another, without the consent of the lawful resident, with the intent to commit a felony therein
theft
taking and carrying away the property of another with the intent to permanently deprive the owner of possession
Crimes are not the same offense for purposes of double jeopardy if
they each require proof of an additional element that the other does not
A mandatory presumption or a presumption that shifts the burden of proof to the defendant
violates the Fourteenth Amendment’s requirement that the state prove every element of a crime beyond a reasonable doubt.
If substantive law provides that a sentence may be increased beyond the statutory maximum for a crime if additional facts are proved, proof of the facts must be
submitted to the jury and proved beyond a reasonable doubt (the defendant’s right to jury trial is violated if the judge makes the determination).
To be charged with a crime that grew out of conspiracy, the additional crime must be both
foreseeable and committed in furtherance of the conspiracy.
Agency Theory of Felony Murder
Felon is liable only for the deaths committed by the felon or an accomplice
Proximate Cause Theory of Felony Murder
Felon is liable for the deaths of innocent victims caused by someone other than a co-felon so long as the felon or co-felon put into motion the events that caused the victim’s death
kidnapping
unlawful confinement of a person that involves either some movement of the victim or concealment of the victim in a secret place
purposely
state of mind where a person’s conscious object is to engage in certain conduct or cause a certain result
accomplice
person who aids or encourages the principal to commit the crime
accessory after the fact
person who aids another to escape knowing that the other person has committed a felony
