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Flashcards in Page 20 Deck (36):

What are some examples of recklessness?

Mishandling a loaded weapon, or dangerous operation of a car


What Is the difference between recklessness and criminal negligence?

Recklessness deliberately creates extreme risk to others, while criminal negligence is a deliberate breach of the duty to protect others from extreme risks that exist through no fault of the defendant


If you lend your car to a friend that you know is drunk, and he gets in an accident and kill someone, what is your liability?

You created a substantial and unreasonable risk of death to others, so even though the friend's negligence was an intervening cause of death, it was dependent because it was a response to the situation you created and was foreseeable, so you would be liable under involuntary manslaughter


What is the misdemeanor manslaughter rule?

An unintentional killing committed during an unlawful act that isn't a felony


Does the misdemeanor manslaughter rule only apply to misdemeanors?

No, it would be better named a homicide that happened during the commission of a malum in se crime that isn't an inherently dangerous felony


What is Malum in se?

Inherently wrong/immoral act


Are some examples of Malum in se crimes?

Murder, arson, rape


What is Malum prohibitum?

An act that is wrong merely because it violates a statute is meant to maintain order


What does the MPC say about the misdemeanor manslaughter rule?

Rejects it


If you get cocaine for yourself and your girlfriend, and she dies, what can you be charged with?

Involuntary manslaughter under the misdemeanor manslaughter rule, because you distributed the cocaine that caused her death


What are some examples of malum prohibitum crimes?

Hunting without a license, driving without insurance


If you break into a diamond store, trigger the alarm, run away, and while you're doing that you knock over a bystander who has a heart attack and dies, what is your liability?

Involuntary manslaughter under the misdemeanor manslaughter rule, or murder according to depraved heart theory


How can intent to cause slight injury result in an involuntary manslaughter charge?

If you just mean to assault them, but you cause an unintended and unforeseeable death (egg shell skull)


How Can you get an inventory manslaughter charge based on the failure to act?

If there's a duty to act, and the failure was an unlawful or reckless one


If you attempt to commit suicide with bystanders nearby, and you accidentally kill one of them, what is your liability?

Involuntary manslaughter, because of your reckless conduct


What is the difference between voluntary manslaughter and involuntary manslaughter?

Voluntary involves intent to kill, involuntary has no intent


What is 1st degree murder?

Intent to kill accompanied by premeditation and deliberation, killing that takes place during the commission of a felony, or murder accomplished by special means


If your crime is lacking malice, premeditation, or deliberation, can it be first-degree murder?

No, it is 2nd degree


How can premeditation and deliberation be inferred?

By acts the defendant did prior to the killing, facts about the prior relationship between the victim and defendant, and the nature of the killing


Does Transferred intent to apply in first-degree murder?



In order to have first-degree murder where must the malice come from?

Intent to kill, or felony murder


intent to cause great bodily harm and depraved heart malice will always result in what kind of crime?

2nd° murder


What Is premeditation?

The person considers the killing beforehand and reflects on it


Is Premeditation determined by an objective or subjective standard?



How long must Reflection occur for premeditation?

An appreciable time, which can be only a matter of seconds


What are the two approaches to premeditation?

- Carrol approach
- Guthrie/Anderson approach


What is the Carrol approach to premeditation?

Any Cool, deliberate thought, even if formed in a matter of seconds, is enough


What is the Carol approach to premeditation case about?

Defendant killed his wife that was abusing his kids, so one night he reached for his gun and shot her in bed


What is the Guthrie/Anderson approach to premeditation?

Purposeful and preconceived. Pre-existing reflection as demonstrated by two of the following types of evidence: planning activity, motive, manner of killing


Was the Anderson approach case about?

D stabbed a 10-year-old girl to death in the house and hid her body and lied to the family


What is the division about how much time is required for premeditation?

A. Majority view: can be formed in an instant and does the same thing as intent to kill
B. Minority view: premeditation and deliberation require some meaningful reflection before the killing


If a killer is found in capable of premeditating and deliberating, then usually he's found guilty of what?

2nd degree murder


How could someone be found incapable of premeditation and deliberation?

InCapacity from low intellect, terror, emotional upset


What Is deliberation?

Contemplating a killing with a cool mind that is capable of reflection and meaningful thought


Is deliberation subjective or objective?



Can voluntary intoxication ever help a defendant get out of first-degree murder?

Yes, if the intoxication precludes him from acting with premeditation and deliberation