Glossary of Rules for Final
Other Decks By This User
- California Controlling Cases
- California: Berry, Jewell, Phillips, Anderson, Smith (Can Big John Play Alto Sax?)
- New York Controlling Cases
- New York: Casassa, Marerro (Now You Can Mosh)
- Pennsylvania Controlling Cases
- Penn: Carroll, Malone (Please convict molesters!)
- Other Pursuasives:
- Pope, Jones, Guthrie, Girouard, Maher, Welansky, Williams, Fleming (Penis Joke: Good gravy! My winky went flacid!)
- Heat of passion may result from a long-smoldering course of provocative conduct by the victim, the passage of time serving to agitate, rather than cool the defendant's agitation.
- Barber, CA
- Deliberate ignorance of a fact doesn't excuse one of culpability.
- Jewell, CA
- Conduct must be that which is inherently dangerous to human life and the actor must engage in that action with a conscious disregard of life.
- Phillips, CA
- Where the action causes or is inherent to the death, it is effectively merged with the higher charge and can't be used for Felony-Murder
- Smith, CA
- The reasonableness of the explanation or excuse is looked at from the point of view of a reasonable person in the defendant's situation.
- Casassa, NY
- Malice need not be specifically directed at the victim, but any evil design in general.
- Malone, PA
- Mistake of law as a result of a plain reading of a statute by the defendant does not exculpate due to a mistake of law.
- Marerro, NY
- Kindness towards doesn't impose a duty; cannot be expected to supercede duty of care of parent or make judgements on insanity that would allow one to take over that duty
- Duty imposed when: Imposed by statute, status relationship, assumed care and secluded, contractual
- Premeditation requires that intent come into play some time before the act.
- Verbal provocation is not sufficient
- Provocation need only be that which would inflame the passions as such to make a normal man act from passion rather than through reason
- What must be intended is the reckless conduct, not necessarily the result.
- Must obtain care in such cases where a prudent person would.
- Malice may be established by evidence of conduct which is "reckless and wanton and a gross deviation from a reasonable standard of care"
- MPC homicide types:
- Murder, Manslaughter, Negligent Homicide
- MPC Murder
- purposely, knowingly or recklessly with extreme indifference or felony-murder
- MPC Manslaughter
- recklessly, or would be murder, but extreme emotional disturbance from viewpoint of a reasonable person in the actors situation as the actor believes them to be
- MPC Negligent Homicide
- Come on now...if you can't get this one...just quit now.
- Defendant is responsible for the "reasonable, natural and probable result of his act" of placing deceased in danger of his life.
- Intent can be formulated instantly and concurrent to the act.
- Carrol, PA
- To establish premeditation, must look at: Relationship or past interaction with victim, Method of killing, and planning activity
- Anderson, CA
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