Criminal Law Flashcards
(33 cards)
Common Law Mens Rea for Homicide
- Intent to Kill
- Intent to cause grievous bodily harm
- Depraved heart/extreme recklessness
- Intent to commit a felony
What is Common Law 1st Degree Murder?
Intentional and unlawful killing of a human being with malice aforethought and with time period in which defendant engages in premeditation and deliberation.
What is the time period for premeditation and deliberation?
Sufficient duration for defendant to be fully conscious of what he intends to do.
What is the MPC definition of Criminal Homicide?
Person is guilty of criminal homicide if he purposefully, knowingly, recklessly, or negligently causes the death of another human being.
What are the types of Criminal Homicide?
- Murder
- Manslaughter
- Negligent Homicide
What is the MPC definition of Murder?
Criminal Homicide is Murder when,
(1) It is committed purposefully, knowingly OR
(2) It is committed recklessly under the circumstances manifesting extreme indifference to the value of human life
Such recklessness and indifference is presumed if the actor is engaged, or is an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force arson burglary, kidnapping, or felonious escape.
What is Common Law 2nd Degree Murder?
Intent to kill with malice aforethought but without the additional elements such as willfulness, premeditation and deliberation.
What is the Classic Felony Murder Rule?
One is guilty of murder if a death results from conduct during the commission or attempted commission of any felony.
Many states have limited the scope of Felony Murder Rule to only inherently dangerous felonies.
In states that have Felony Murder Statutes what are specific acts that will result in 1st degree murder?
Arson, rape, robbery, burglary.
If a death results from the commission of an unspecified felony, it is second-degree murder.
What is extreme recklessness/depraved heart?
Conduct that manifests in extreme indifference to the value of human life.
What is an inherently-dangerous crime?
Likely to result in death.
When can the aggressor of a battery succeed in the defense of self-defense?
(1) Withdrawal: Agressor, in good faith, removes himself from the fight OR if he can’t communicated his desire to withdraw to the other party.
(2) Escalation by “victim”: If victim of aggression suddenly escalates a minor altercation into one using deadly force without letting the aggressor withdraw.
When is Mistake of Law a defense?
Mistake of law is not a defense unless the crime requires the defendant’s knowledge of some aspect of the law.
When is Mistake of Fact a defense?
Mistake of fact can be a defense where it negates the mens rea required for the crime.
Is the defense of duress available with threats of future injury?
NO! The threat of harm must be immediate.
When is the use of deadly force by a 3rd party justified?
In the prevention of a dangerous felony, such as murder, arson, or rape.
What are the elements of “reasonable belief” that a particular danger exists?
The standard is both objective and subjective:
- The defendant in fact believed a danger existed (subjective)
- The defendant was reasonable in the belief (objective)
Under what circumstances can deadly force be used to protect property?
In defense of property alone, deadly force is never allowed.
In a drunken state you mistake a threat, and commit a battery. Can you claim self-defense?
Self-defense requires a reasonable belief as to imminent danger. If one misapprehends danger because he’s drunk, the defense of self-defense will not be allowed?
Juliet is pregnant. Romeo walks up to her with a knife, and tells her, “Once you have the baby, I’m going to kill you.” Juliet pulls out a gun and shoots him. Can Juliet defend on self-defense grounds?
No, because the threatened force must be imminent.
Say that Romeo’s arms were tied behind his back, and he said, “I’m going to kill you.” Can Juliet claim self-defense?
No, since Romeo obviously did not have the ability to follow through with his intent, and Juliet knew it.
Jesse James is trapped at the I’m O.K. Corral. Doc Holiday and Wyatt Earp fire shots simultaneously. James is hit by two bullets and dies on the spot. It is impossible to determine which bullet caused his death, since either one would have been fatal. Will Holiday or Earp be criminally responsible for causing James’ death?
Both Holiday and Earp are responsible. While neither shot alone is a sufficient “but for,” it is clear that their combined acts constitute the cause in fact of James’ death. As each was a substantial factor in the death, there is causation in fact as to each.
Goliath attacks David and breaks his leg. As Goliath is leaving the scene, David pulls out a slingshot and hits Goliath in the head with a large rock. Can David defend his action on the grounds of self-defense?
No. Once the danger of attack is over, self-defense is no longer available as a defense.
Fast Willy, a pickpocket, stick his hand in Rollo the Rich Kid’s pocket, hoping for a big haul. Rollo’s pockets are empty. Is Willy guilty of attempted larceny?
Yes. This is “factual impossibility,” and not a defense.
