Glossary of Crim Law - Term 1
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- attempted battery
intentional creation of a reasonable apprehension of imminent bodily harm
- (general intent crime, never strict liability)
that is Unlawful
and caused by Defendant
- Murder (today's second degree murder)
Manslaughter (voluntary and involuntary
- First Degree Murder
- All homicide with malice aforethought: (i) felony-murder (usually heinous felonies), or (ii) willful, deliberate, and premeditated.
- Murder is the unlawful killing of a human being with malice aforethought.
1) intent to kill
2) intent to do great bodily harm
3) intentionally creating situation where great bodily harm will occur
4) felony murder
- What is “willful, deliberate, and premeditated” in the context of murder in the first degree?
- (a) “Willful”: defendant must actually intend to kill. (b) “Deliberate”: defendant must be possessed of a cool mind that is capable of reflection. (c) “Premeditated”: must in fact reflect before his act of killing. D’s state of mind is decisive during the length of time between the formation of the idea to kill and the actual killing
- The unlawful killing of a human being without malice aforethought
- Voluntary Manslaughter
- Killing that would be murder but of the existence of adequate provocation
- Look for "heat of passion"
- Involuntary Manslaughter
- Killing committed with criminal negligence (gross negligence) OR during the commission of an unlawful act
- Felony Murder
- A defendant commits felony murder when he or an accomplice causes death , even accidentally, during the commission, attempt, or immediate flight from certain felonies, including armed robbery.
- 2nd Degree Murder
- Requires that a person, act without premeditation, cause the death of another with: i) intent to cause the death of another, ii) knowledge that death or serious bodily injury would result, or iii) under circumstances manifesting extreme indifference to human life, recklessly engages in conduct that creates a grave risk of death.
Wanton disregard for life – differs from gross negligence because YOU KNOW THE RISK; DEPRAVED HEART
- Merger Rule
- the merger doctrine says if you intend to commit some harm and you cause that harm but it results in death – can’t use that crime to elevate it to felony murder. Intend assault with a deadly weapon and result is death = felony murder merger limitation
- CL Rape
- Forced sexual intercourse by a man on a woman not his spouse without consent.
- Statutory Rape
- The situation in which the victim participates willingly, but s/he is under the age of consent, which varies but is usually 16.
- 2. Entering of body
3. Into a dwelling
4. of another
5. At NIGHT
6. W/intent to commit a felony therein (intent had to exist at the time of the B&E)
- 1. malicious
2. burning (charring)
3. of dwelling house
4. of another
- D stabbed P, who was 8 months pregnant, in the chest and abdomen. P dies immediately. Her unborn child was dead upon arrival at the hospital. Is D likely to be found criminally liable for the death of the child?
- No, because the child did not live on its own prior to its death.
- Hypo: A person goes hunting with a shotgun, sees what he thinks is an abandoned cabin, tries to shoot out the window of the cabin... kills X. What should he be charged with?
- He would most likely be charged in the alternative with both Murder (based on proving implied malice through an extremely high degree of risk) and involuntary manslaughter (if intent cannot be proven)
- What is required for a homicide to be first degree murder?
- intentional killing with malice aforethought.
- What is required for a homicide to be second degree murder?
- intentional killing with malice, no premeditation.
- What is required for a homicide to be voluntary manslaughter?
- intentional killing mitigated by sudden passion as a result of adequate provocation.
- What is required for a homicide to be involuntary manslaughter?
- a killing committed through criminal negligence
- When does criminal negligence occur?
- when there is a gross departure from the standard or ordinary care.
- Define Retributivism as it relates to punishment theory
- Backward looking punishment philosophy. Developed by Kant. Focuses on free will of actors. Requires atonement for crime, and proportionality of punishment to the offense
- Define Utilitarianism as it relates to punishment theory
- Forward looking punishment scheme, developed by Bentham. Focuses on maximizing net happiness of society by avoiding punishments that do not serve to maximize utility.
- What are the goals of utilitarian punishment?
- Maximize society's well being through:
1. Deterrance- General to society and specific to the offender, and
2. Rehabilitation-Reform the criminal's behavior
- What are the two defenses for specific intent crimes?
- 1) voluntary intoxication
2) any mistake of fact even if unreasonable
- What are the general intent crimes?
- Battery is never strict liability
Assault as a threat (e.g. I threaten you w/ bodily injury)
All crimes not specific intent or malice
- Name some specific intent crimes.
- First degree murder
Assault as an attempted battery (e.g. attempt to hit, duck and miss)
- Statutory Rape, strict liability?
Remember, consent and mistake of fact – no defense!
- DEFENSE - Mistake of Fact
- Specific Intent = Any mistake of fact (reasonable or unreasonable)
Malice and General Intent - Reasonable Mistakes Only
Strict Liability - Never
Unreasonable Mistake of Fact: (e.g. Whitebread’s pink car example).
- Strict Liability Crimes
- if the crime is in the administrative, regulatory or morality area, and when read the statute, there are no adverbs like “Knowingly”, “willfully”, “intentionally”.
- Specific Intent Defenses
- i. Voluntary Intoxication
ii. Any mistake of fact, even unreasonable
Obtaining property by means of threats to do harm or to expose information
- Malice Crimes
- 1) Common Law Murder
- To what crimes is voluntary intoxication a defense?"
- Only to specific Intent crimes
- When is non-deadly use of force an adequate self defense?
- Anytime the victim reasonably believes that force may be used on them
- When is deadly use of force a legitimate defense in Majority states?
- Majority (default): anytime the victim reasonably believes that deadly force is about to be used on them
- "What is duress?
When is it a defense?"
- "Duress is when someone threatens you (or a family member) with imminent death or great bodily harm and tells you to commit a crime
It is a defense for all crimes but homicide"
- What type of mistake of fact is a defense for a crime of strict liability?
- None - mistake of fact is never a defense for crimes of strict liability
- What type of mistake of fact is a defense for a crime requiring malice or general intent?
- only if the mistake is reasonable
- What type of a mistake of fact is a defense for a crime requiring specific intent?
- ANY mistake (reasonable or unreasonable)
- "What is an example of assault as an attempted battery?
What is the intent requirement?"
- "Pro takes swing at me, I duck, and he misses
- What is battery?
What is the intent requirement?"
- "A completed assault
it's a general intent crime"
- What is the intent requirement for assault as a threat?
- General intent
- If there is any contact, what happens to the assault as an attempted battery?
- The assault as an attempted battery merges with battery.
- What are the requirements for voluntary manslaughter?
- "It is a killing from passion or a provoked killing
The requirements for provocation are
1. no time to cool off from the heat of passion AND
2. not ""mere words"""
- what are the requirements for involuntary manslaughter?
- killing from criminal negligence (gross negligence)
- What is the requirement for misdemeanor manslaughter?
- Killing someone while you are committing either a misdemeanor or an unenumerated felony (a felony not included within felony murder rule)
- What are the defenses to statutory rape?
- None. It is strict liability. So consent of victim and mistake of fact are no defense.
- Elements of arson
- "1. the MALICIOUS (intentional or w/reckless disregard of obvious risk)
2. BURNING (charring sufficient, blackening by smoke not) (explosion not enough unless it caused the fire)
3. of a DWELLING
4. of ANOTHER"
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