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Criminal Law > Murder > Flashcards

Murder Flashcards

1
Q

What four ways can mens rea be shown for murder?

A
  1. Intent to kill
  2. Intent to cause serious bodily harm (jdx)
  3. The presence of a depraved heart (i.e. recklessness)
  4. When the killing occurs in the courts of committing a statutorily enumerated felony
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2
Q

How do we show deliberation?

A

Planning, motive, and manner of killing (calculated or frenzied)

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3
Q

What are the three ways 2nd degree can be elevated to 1st Degree?

A
  1. The murder was committed using certain statutorily defined means (e.g. poisoning)
  2. The murder occurred during the commission or attempted commission of a statutorily enumerated felony
  3. The intentional killing was also premeditated and deliberated
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4
Q

how do we show premeditation?

A

quantity of time sufficient for deliberation. jdx on more than an instant or not depends on statute

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5
Q

What are the 4 elements of provocation?

A
  1. D was actually provoked (subjective);
  2. The reasonable person in D’s shoes (given facts and circumstances) would have been provoked (legally adequate provocation) (objective);
  3. D didn’t have sufficient time to cool off (subjective); and
  4. The reasonable person in D’s shoes wouldn’t have cooled off (objective).
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6
Q

How is 2nd degree murder moderated to voluntary manslaugher?

A

Provocation or imperfect self-defense

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7
Q

Felony Murder Limitations

A
  1. The Inherently Dangerous Limitation
  2. The Res Gestae Limitation
  3. The Merger Limitation
  4. The Agency Limitation
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8
Q

What are common mens rea terms?

A

knowingly, intentionally, recklessly, negligently

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9
Q

What are the 5 duties act?

A
  1. Special status
  2. Civil obligation (contract)
  3. Creation of risk of harm
  4. Voluntary assumption of care and seclusion of person from others
  5. Imposed by statute
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10
Q

What two ways is intent defined as?

A

Conscious object: If an actor’s conscious object or purpose is to cause a certain result or to engage in certain prohibited conduct

Knowledge to a virtual certainty: An actor intends a social harm if an actor knows to a virtual certainty their actions will cause the social harm or that they are engaging in prohibited conduct

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11
Q

What are two shortcuts for proving intent?

A
  1. Natural and probable consequences
  2. deadly weapon rule: deadly weapon directed at vital human body part
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12
Q

How is knowledge shown?

A

the defendant was “aware” of a fact or “correctly believed” that the fact exists

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13
Q

What are the 4 factors for determining if a a statute has strict liability?

A
  1. new crime
  2. public welfare offense (aimed at protecting public)
  3. penalties are relatively light or non-serious
  4. stigma is relatively low
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14
Q

Which kind of intent crimes are voluntary intoxication available for?

A

specific intent. It negates the intent (e.g. 1st degree murder negates prem. delib).

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15
Q

what are the elements for mistake of fact for specific intent crime?

A

Honest(good faith) mistaken belief that negates mens rea.

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16
Q

What are the elements for mistake of fact for a general intent crime?

A

Honeslty(subjective) and reasonably(objective) mistaken about a fact that negates mens rea.

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17
Q

What elements are needed for voluntary manslaughter?

A

(1) Intent to kill and (2) killed in heat of passion or imperfect self defense

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18
Q

Does response to provocation need to be sudden?

A

Most jdxs yes. Others allow for cumulative provocation by the victim.

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19
Q

What is a reasonable person?

A

an ordinary person of average intelligence

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20
Q

What are the 4 jdxs splits we need to be aware of?

A

Intervening cause, defense of habitation, attempts, and entrapment

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21
Q

What is the mens rea for depraved heart murder?

A

Gross recklessnes: the defendant was subjectively aware that his or her conduct created a substantial and unjustified rick of death, yet the defendant consciously disregards the risk.

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22
Q

What is the mens rea for involuntary manslaughter?

A

Gross negligence: the defendant should have been aware that his or her conduct created a substantial and unjustifiable risk of death but was unaware and engaged in that conduct. Was the risk of such a nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person in the D’s situation would exercise? EX. street racing or drunk driving

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23
Q

What are the three elements of larceny?

A
  1. Intentional
  2. Trespassory (w/o permission) taking and carrying away of another’s personal property
  3. with the intent to permanently deprive the owner of the property
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24
Q

What is larceny by trick?

A

Same as larceny but the defendant obtains permission through fraud or deceit

25
Q

What kind of murder crimes did we learn about?

A

1st Degree
2nd Degree
Depraved Heart Murder
Voluntary Manslaughter
Involuntary Manslaughter

26
Q

What are the 3 elements of embezzlement?

A
  1. Intentional
  2. Conversion of the property of another (serios interference with owner’s ability to use property)
  3. By someone who is already in lawful possession of the property (fiduciary)
27
Q

What are the four elements of larceny by false pretenses?

A
  1. Knowingly
  2. Making a false statement of fact
  3. With the intent to defraud the victime
  4. The victime relies on the false statement to pass title(ownership) to the defendant.
28
Q

What are the elements of burglary?

A
  1. Intentional
  2. Trespassory entering of a structure
  3. With intent to commit a felony therein
    includes structure in curtilage
29
Q

What are the elements of robbery?

A
  1. Intentionally
  2. Taking and carrying away the property of another from their person or immediate presence
  3. By force or threat of force
30
Q

What are theft crimes we learned?

A

Larceny
Larceny by trick
Embezzlement
Larceny by False Pretenses
Burglary (usually by larceny)
Robbery

31
Q

What are the elements of criminal attempt?

A
  1. Whether acts go beyond mere preparation for the crime
  2. Intent to perform acts that constitute the actus reus, and
  3. Intent to commit the underlying offense
32
Q

What kind of intent do attempt crimes have?

A

Specific intent

33
Q

What are the two common law tests for beyond mere preparation?

A
  1. Unequivocal manifestation of intent to commit crime: how much remains to be done before the crime is committed
  2. Dangerous proximity: how much has already occurred
34
Q

What is the jurisdictional split for independent interventing cause?

A
  • If the IC is independent, D is not the legal cause unless;
    o The IC was foreseeable (majority rule); or
    o The social harm was foreseeable (minority rule).
35
Q

If a voluntary act is not the direct cause of the social harm, what two kinds of intervening causes (IC) are there?

A
  • Is the IC dependent on (responsive to) D’s act (or omission), or independent of (coincidental to) D’s act or omission?
36
Q

If the the IC is dependent, is the voluntary act the legal cause of the social harm?

A

Yes, unless the IC is extremely bizarre or unusual

37
Q

If the IC is independent, is the voluntary act the legal cause?

A

No, unless the IC was foreseeable (maj. rule) or
The social harm was foreseeable (min. rule)

38
Q

How is 2nd Degree Felony Murder determined?

A

By judges as a matter of law. Statutory interpretation is used to determine which felonies will serve as the predicate for felony murder.

39
Q

How is 1st Degree Felony Murder determined?

A

Statutorily. Enumerated by legislature. No statutory interpretation required.

40
Q

What are the elements of 1st degree felony murder?

A
  1. Proving the elements of the underlying felony (serves as mens rea)
  2. actus rea, causation
41
Q

What are the elements of 2nd degree felony murder?

A
  1. interpret the statute if within the 4 limits ( inherently dangerous, res gestae, merger doctrine, agency rule i.e. third party killer).
    2.actus rea, causation
42
Q

When does a felony merge with the homicide?

A

When it is assaultive in nature (involves an immediate threat of violent injury)

43
Q

When is a felony inherently dangerous (question of law)?

A
  1. Statutory interpretation (does it sound dangerous)
  2. ask whether felony can be committed without creating substantial risk of death (methlab case)
44
Q

What is the agency rule limit for 2nd degree felony murder?

A

A felon cannot be convicted of felony murder if the killing is the direct result of a third party (someone who is not the felon or the felon’s agent). If a third-party is the direct cause of death, this essentially breaks the causal chain

45
Q

What is evidence of an agreement for conspiracy?

A

Often circumstantial evidence suggesting choreography

46
Q

What are the elements of conspiracy?

A

Actus Rea: (1) an agreement to commit a crime and (2) An overt act in furtherance by any of the co-conspirators
Mens rea: (3) D intended to enter into the agreement; and (4) D must intend for the target offense to be committed.

47
Q

Do co-conspirators need to know every detail of the plan?

A

No, just awareness of the essential nature

48
Q

How substantial does an overt act for conspiracy need to be?

A

Can be much less substantial than “goes beyond mere preparation”

49
Q

What is Pinkerton liability?

A

If parties enter into a conspiracy, co-conspirators can be convicted of
(1) the crime of conspiracy,
(2) the target offense if successful, and
(3) any other crime committed by any co-conspirator if (a) in furtherance of consp. and (b) objectively reasonably foreseeable of original agreement.

50
Q

What are the 3 elements of self-defense?

A

The defendant must have an honest and reasonable (objective) belief that:
1. Victim threatened imminent force;
2. It was necessary to use force to repel the threat of force; and
3. The force used was proportional to the force threatened

51
Q

What are factors to consider for self-defense objective analaysis?

A
  1. defendant’s relevant knowledge of the aggressor
  2. physical attributes of all persons involved
  3. prior experiences defendant had that could inform the belief of the victim’s intenttions
52
Q

What are the limits of self defense?

A
  1. Can’t be the inititial aggressor, unless you clearly withdraw
  2. duty to retreat (minority) if reasonable and poss.
  3. Castle doctrine: don’t have to retreat if in your home or in immediate premises
53
Q

What is imperfect self-defense? How does it affect a murder charge?

A

Initial aggressor; or response to non-deadly force with deadly force; or unreasonable belief of imminent threat of deadly force.

Brings 2nd Degree down to Voluntary MS

54
Q

Can self-defense be used in defense of others?

A

Yes, if (1) the defendant honestly and reasonably believe that it (2) was necessary to use force (non-deadly or deadly) to repel a threat of imminent force (non-deadly or deadly) to a third party

55
Q

When can the defense of habitation be used?

A

Jdx Split.
An actor may use deadly force to prevent an intruder from entering his or her residence when they honestly and reasonably believe that deadly force is necessary to:
1. prevent imminent unlawful entry by an intruder who intends to commit a felony once inside.
2. prevent imminent unlawful entry by an intruder who intends to commit a violent felony once inside (i.e., rape, robbery, murder, arson, aggravated assault)

56
Q

When can defense of property be used?

A

When using force to prevent dispossession of property or using force promptly after dispossesion to repossess property. Deadly force is never ok in defense of property.

57
Q

What is needed for a successful defense of property claim?

A

Defendant must honestly and reasonably believe that:
1. It is necessary to use non-deadly force
2. to prevent imminent dispossession of property (or to reposses)

58
Q

What are the 6 required elements for the defense of necessity?

A

( Imminent, reasonable, legal alternative, balance of harms, leg. intent, clean hands)
1. Clear and imminent danger (“significant evil”);
2. Reasonable belief that breaking the law will directly abate the danger;
3. No effective legal alternatives;
4. Balance the harms: the harm in breaking the law is less than the the harm in not breaking the law;
5. No clear legislative intent to prohibit necessity defense under the facts; and
6. D must have clean hands (i.e., did not substantially contribute to the harm D seeks to avoid).

59
Q

What are the 3 elements of duress?

A
  1. Another person threatened imminent deadly harm or serious bodily injury—to the defendant or a third person—if the defendant does not commit the offense;
  2. The defendant reasonably believed that the threat was real (would be carried out); and
  3. The defendant had no reasonable opportunity to escape.

Criminal Law (1 decks)

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