final crim rules Flashcards
Homicide
The killing of a human being caused by another. (born alive and not yet dead)
Here the victim is dead – Here, Joe was killed.
[check list for homicide:1) is there malice?
2) if malice, is there proof for 1st degree?
3) if malice, is there proof to reduce to voluntary ms
4) if NO malice, is there proof for involuntary ms?
5) is there adequate causation?
Homicides are generally divided into murder and manslaughter.
Homicide is the actus reus for murder and manslaughter.
Murder
The KILLING of a HUMAN BEING CAUSED by ANOTHER (HOMICIDE) with MALICE AFORETHOUGHT.
Malice
a reckless disregard for an obvious risk - express(intentional) or implied(unintentional):
- Express Malice
- Intent to kill
- Deadly Weapon Doctrine - Jury is to infer intent when a deadly weapon is used
- don’t need injury – we want to anticipate injury
- Implied Malice;
- Wanton conduct/reckless indifference – depraved heart
- Act creates a high risk of death
- conscious disregard of the risks;
- Intentional Act;
- Defendant is aware of the risk
- Felony murder.
- Intent to inflict great bodily harm (GBH)
Felony Murder
intent to commit an INHERENTLY DANGEROUS FELONY is sufficient for MALICE AFORETHOUGHT.
For enumerated felonies (in the states 1st degree murder statute) the prosecution need not show premeditation and deliberation. D must have committed or attempted to commit the underlying felony. A substantive defense to the underlying felony is a defense to felony murder. The killing can be accidental.
Felony murder is subject to limits:
1) majority: death must have been a foreseeable result of an inherently dangerous felony…BAARK. looks objectively at the felony itself.
minority: only requires the felony be malum in se (dangerous acts). non-dangerous felonies committed in a dangerous manner. This is subjective and this considers the felons actions. The totality of the circumstances and dangerous to human life.
2) Merger: felony must be independent of the killing (independent of the act that caused the death). (i.e. felony such as manslaughter or aggravated battery will NOT qualify as the underlying felony). If it is a lesser included, then NO FMR.
3) during the commission of a felony: until the D has reached a place of temporary safety. (time, place and causal relation).
4) Co-Felons:
a. Vicarious liability (redline view): most jurisdictions. NOT liable for a co-felons death caused by resistance of the victim, by police or caused by a 3rd party.
b. proximate cause theory: most jurisdictions. felons liable for deaths of innocent victims caused by non-felons as the D put the events into motion.
c. Minority (agency theory): death must be caused by co-felon or agent.
Causation
Cause in fact: the death would not have occurred but-for the Ds conduct.
Proximate cause: death occurred in a manner not intended or anticipated breaks the chain. Intervening acts generally will shield the D from liability if the act is a mere coincidence or is outside the foreseeable sphere of risk created by the Ds act.
Second Degree Murder
Modern statutes divide murder into degrees. All murders are 2nd degree unless: Deliberate and premeditted killing. D decided to kill in a cool and dispassionate manner. D actually reflected on the idea of killing, even briefly.
Caselaw: consider Planning, Motive and Manner
Some states make killing by lying in wait, poison, or torture to be 1st degree murder.
First Degree Murder
To determine if a murder elevates to first degree there must be specific intent, plus premeditation and deliberation, or felony murder of enumerated felonies.
Voluntary Manslaughter
Voluntary manslaughter - MITIGATED MURDER – no malice aforethought. Mitigation may arise by adequate provocation or imperfect self-defense.
Some states recognize the imperfect self-defense doctrine (murder reduced to manslaughter even though: D was at fault in starting the altercation; or D unreasonably, but honestly believed in the necessity of responding with deadly force. (Remember: not all states require the victim be the provoker; and remember the public policy for voluntary manslaughter).
Rule:
1) adequate provocation – sudden and intense passion in the mind of an ordinary person such as to cause him to lose self-control;
(1) being subject to serious battery or a threat of deadly force; or
(2) discovering one’s spouse in bed with another person. (Fact favorite: man’s shoes/laughter).
2) D was in fact provoked (the D is responding to the provocation); Mere words are not enough. (But words with meaning may be adequate. “I just raped your daughter.”)
3) No cooling off period (for a reasonable person’s passions to cool);
4) D in fact did not cool off.
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Involuntary Manslaughter
An unintentional homicide cause by criminal negligence, recklessness, or the commission of a malum in se crime which is sufficient to support a charge of murder under the felony murder rule(aka misdemeanor homicide or misdemeanor manslaughter). a malum in se offense is “naturally evil as adjudged by the sense of a civilized community,” whereas a malum prohibitum offense is wrong only because a statute makes it so.
1) criminal negligence (or MPC recklessness); Gross deviation from the “reasonable person” standard than for torts; OR
2) unlawful act manslaughter
a. misdemeanor manslaughter rulw = a killing + a misdemeanormost courts require the misdemeanor to be malum in se (an inherently wrongful act), or if malum prohibitum that the death be foreseeable or natural consequence of the act; or
b. during the commission of a felony NOT qualified for felony murder and foreseeable.
General intent crime (all crimes are specific except for…..)
Specific Intent Crimes
Intentional ACT + intent to produce a specific RESULT
Voluntary intoxication and any mistake of fact is a possible defense to a specific intent crime - negates the intent to cause the specific criminal result.
All crimes are specific intent EXCEPT for battery, rape, arson, involuntary manslaughter and murders which do not involve allegations of intent to kill.
TRANSFERRED INTENT DOCTRINE DOES NOT APPLY to specific intent crimes.
General Intent Crimes
Intentional ACT only
Voluntary intoxication is NEVER a defense to a general intent crime. And a mistake of fact(to be a defense) must be reasonable.
Battery
Intentional act that causes a harmful or offensive touching of another.
General intent crime (all crimes are specific except for…..)
Aggravated battery: with intent to do harm or murder, or when done with a deadly weapon(felony). A weapon is deadly when its purpose is to cause death or serious harm.
Assault
An Intentional act that causes a battery or causes an apprehension of a battery. A threat of bodily harm coupled with an apparent, present ability to cause the harm.
Attempted battery is a substantial step towards the completion of a battery with specific intent to commit a battery
Rape
Penetration without effective consent. General intent crime.
Lack of consent can be shown by: Force; Threats; or Incapacity (mental, intoxication).
Fraud usually is not rape. Reasonable Mistake as to consent ís a valid defense. Voluntary intoxication is never a defense.
Statutory Rape
Penetration of a person, who by statute(strict liability), is in incapable of consenting.
Consent is irrelevant and a reasonable mistake(of fact) is not a defense.
False Imprsonment
the UNLAWFUL CONFINEMENT of a PERSON to a BOUNDED AREA, by FORCE or THREATS of FORCE, WITHOUT his VALID CONSENT.
General intent crime (all crimes are specific except for…..)
Confinement involves:
- Freedom of movement is constrained in all directions;
- victim must be aware of the confinement;
- Force or Threats of Force; and
- Appreciable amount of time.
Kidnapping
Unlawfully taking, moving or confining people against their will.
General intent crime (all crimes are specific except for…..)
Kidnapping is NOT one of the inherently dangerous felonies for the felony murder rule, but modernly is often an enumerated felony for first degree murder.
Aggravated Kidnapping either 1) For Ransom or 2) For the commission of other crimes.
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Burglary
CL- TRESPASSORY BREAKING AND ENTERING, into the DWELLING of ANOTHER, in the NIGHTTIME with the SPECIFIC INTENT TO commit A FELONY.
Statutory/Modern - ENTRY(NO breaking to gain entry necessary) into ANY STRUCTURE at ANY TIME with the SPECIFIC INTENT TO COMMIT A CRIME.
At common law a constructive breaking was found when entry was made by trick, threat of violence or through the help of a conspirator. Common law definitions have been expanded by statute.
A trespassory entry is any entry made without consent, express or implied.
Courts are split as to whether there is a tresspassory entry when the defendant has express or implied consent to enter the structure for other purposes, and some state statutes classify any entry with intent to commit a felony or larceny as burglary.
Breaking to exit is not sufficient.
Modernly it is burglary when remaining/concealed in a structure with intent to commit an offense.
Modernly expands dwelling = any structure, yard, car, wall safe, closet - not trunk or box
Modernly it does not have to be a felony… intent to commit any theft.
Arson Malice*
CL - MALICIOUS BURNING of the DWELLING of ANOTHER.
Modernly (expanded by statute) arson has been extended to the malicious burning of almost any structure.
Modernly expanded to include damages caused by an explosion.
Malice(the mens rea – not intent) for arson requires an act with a wrongful intent to cause a burning, but it is a general intent crime, meaning that a mistake of fact is NOT a defense unless it is a reasonable mistake. (NO specific intent required) D need not intend to create a burning building, only that d intended to act under circumstances that pose a large risk of a burning. D has intent or knowledge that the structure would burn, or with reckless disregard of an obvious risk that the structure would burn.
