Glossary of Criminal Law PMBR
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- Involuntary Manslaughter
- A homicide caused by a defendant who has engaged in criminal negligence. A homicide as to which the positive and negative copmonent elements of malice are not present, but which involves the criminal but less wrongfull states of mind referred to as the "lesser" forms of malice - 1. criminal negligence and 2. the misdemanor manslaughter rule.
- Criminal Negligence
- Conduct which creates a serious risk of death or great bodily inbjury to others. Greater than ordinary negligence and less than wantonness which would support a murder charge.
- Homicide with no intent to kill
- Where ther is no intent to kill, a homicide must be either felony-murder (which may be 1st degree), 2nd degree murder (intent to seriously injure, wanton and willful misconduct), or involuntary manslaughter (criminal negligence or misdemeanor-manslaughter).
- Depraved heart murder
- wanton and willful misconduct - conduct which the defendant knows will create a very high risk of death or serious bodily injury.
- Use of deadly force for self-defense
- When the victim engages in a deadly attack which is wrongful, and it is necessary to kill the victim in order to save oneself. If the defendant is mistaken (i.e. it only appears that the victim is engaged in a wrongful deadly attack which can be defelcted only by use of deadly force) a resulting homicide is still justified if the defendant's mistaken belief was both held in good faith and objectively reasonable.
- Policy of the f-m rule
- F-M rule was developed to punish those felons who used deadly force to accomplish their felonious purposes, by holding them liable for murder if hte violent way in which they conducted themselves resulted in a homicide.
- Defense of necessity to save one's own life
- When the choice is between killing one person, who is certain to die under the emergency circumstances, and allowing both that person and oneself to die through inaction, it is permissible to save oneslef, since the "greater versus lesser harm" analysis is essentially the death of 2 persons vs. the death of one.
- The burning of the dwelling house of another with mailce. Malice for purposes of arson is 1. the intent to burn the dwelling house of another or 2. wanton and willful misconduct (conduct which creates a plain and substantial likelihood that a protected structure will be burned), not justified, excuesd, or mitigated. Charring = arson. Structure of the dwelling house had to suffer burn damage from the fire. If only contents were burned, or if the house suffered smoke damage such as discoloration or blackening, but was not actually burned or charred, there is no "burning" and thus no arson.
- Solicitation of another to commit murder, where the one solicited hires another to carry out the killing, and it is carried out.
- When the actual murder occurs, the crime of solicitation merges with the actual offense of murder, so the solicitor is guilty of murder.
- What are the bases upon which a defendant may argue that his intentional killing was without malice bc of factors in mitigation
- 1. adequate provocation - "heat of passion" and 2. "imperfect" defenses, i.e. where the defendant has acted honestly but unreasonably under circumstances, that, had he been acting reasonably, would have provided a complete defense to any criminal homicide charge (e.g. honest but unreasonable belief that deadly force must be used in self-defense).
- MPC test for legal insanity
- A homicide is excused if, at the time of commiting it, as a result of mental disease or defect, the defendant lacked the substantial capacity to either appreciate the criminality (or wrongfulness) of his conduct, or conform his conduct to the requrements of law.
- Defense of necessity when your use deadly force in order to enable the saving of another person's life.
- The justificaiton of necessity gives a defendant a priv. to disobey the literal terms of the law when necessary to avoid a greater harm which will result from strict obedience to the law. The fear or apprehension experienced to the one threatened is outweighed by the danger of death to the one in peril.
- a homicide commited with malice which is not justified, excused or mitigated. Malice: intend to kill or do serious bodily injury, or engaged in wanton and willful misconduct, or if the homicide occured during the commission or attempted commission of a felony.
- Can a person be convicted of both burglary and larceny?
- Yes. Burglary is the trespassory breaking and entering of the dwelling house of another, at night, with the intent to commit a felony therein. Burglary is complete when the requisite entry is made; the subsequent commission of the subject felony is immaterial to the charge of burglary. Larceny is the trespassory taking and carrying away of the tangible personal property of another with intent to permanently deprive that person of the property.
- Larceny vs. Embezzlement & Supervisory employees
- An employee with charge of his employer's property generally had custody, and thus would be guilty of larceny for taking it. However, managers or supervisory employees with discretion were held to have possession of the property, and thus could not be guilty of larceny for converting it (but would be guilty of embezzlement).
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