Criminal Law 2
Terms
undefined, object
copy deck
- Modern Law crimes are divided into what classifications?
-
Felony
Misdemeanor
Infraction - Motive
- is evidence or "mens rea" but not an element of a crime.
- (Modern Law) Excusable homicides? Justifiable homicides?
- Excusable homicides are no longer punishable. Justifiable homicides are significant only in limited circumstances.
- Infractions
- are typically violations of regulatory offenses which are punishable by monetary sactions only. They did not exist at common law.
- Implied Malice (Common Law)
- when perpetrator shows a depraved heart, a wanto disregard for human life OR an intent to inflict serious bodily injury.
- Malum prohibitum
- refers to a statutory crime which forbids conduct which is not inherently wrong or immoral.
- Examples of crimes which merge into other crimes:
- Solicitation to commit a crime merges into conspiracy to commit a crime. Attempt to commit a crime merges into the target crime.
- Express Malice (Common Law)
- when the perpetrator manifests a deliberate intention to cause death unlawfully
- Felony murder rule - malice aforethought is ...?
- Implied by the perpetrator's intent to commit an inherently dangerous felony.
- The corpus delicti must be established independent of..?
- any any out-of-court admissions or confessions of the accused.
- To what degree is the prosecution required to establish the proof of the corpus delicti?
- Proof need not be as clear and convincing as is necessary to establish guilt.
- When a federal criminal statute names a crime without defining it ...?
- The crime is defined by common law.
- First Degree murder and Voluntary Manslaughter share the element of ..?
- INTENT. First degree murder also requires PREMEDITATION and DELIBERATION.
- Involuntary Manslaughter (Modern Law)[Sometimes called misdemeanor manslaughter]
- is the unintentional killing of another committed during the performance of an unlawful act not amounting to a forcible felony OR a lawful act carried out negligently, but w/out extreme recklessness
- What Doctrine provides that under thefelony murder theory, the underlying felony must be "independent" of the killing?
- The Felony Murder Merger Doctrine
- Voluntary manslaughter may also arise in cases of imperfect self defense. An imperfect self-defense is?
- A homicide where the use of force leading to the killing is based on an honest, but unreasonable belief in the need to use such force.
- Adequate provocation requires?
-
1. Actual provocation of the accused.
2. that a reasonable person in similar circumstances would have been provoked.
3. that the accused did not cool off before the killing AND
4. a reasonable person would not have had time to cool off. - Where "words alone" are not adequate provocation -Informational words convey?
- An act which itself would be reasonable provocation.
- Voluntary Manslaughter (Modern Law)
- The intentional killing of another committed in the heat of passion and with adequate provocation.
- Heat of Passion encompasses?
- emotions of rage and anger as well as any other violent or intense feelings.
- In a majority jurisdiction death must occur within ...? (Common Law)
- One year and one day after the act which caused the fatal injury.
- A "theory" to establish the crime of murder but not a crime in itself. Defines?
- (Common Law) Felony murder rule
-
(Modern Law)The Intent to kill is
1. Willful if?
2. Deliberate if?
3. Premeditated if? -
Willful if an intention to kill exists. Deliberate if the intention is purposeful and by design.
Premeditated if the decision to kill was reflected upon, if only briefly. - (Common Law) If the accused killed as a result of provocation, what type of murder was this?
- Manslaughter (Words alone were not adequate provocation)
- Second degree murder and involuntary manslaughter LACK the element of ..?
- INTENT. If the conduct that caused the killing is DEPRAVED or indicates a HARDENED HEART, this points to second degree murder.
- When can Out-of-Court admissions or confessions of the accused may be introduced as evidence against the accused?
- Once the corpus delicti has been established by independent eveidence.
- Merger Doctrine
- when a person commits a crime including lessser offenses, the lesser included offenses merge into the former and only the most serious offense
- The modern trend for premeditation?
- Is to narrow the time of reflection required.
- The corpus delicit of arson at common law is established by..?
- proof of the burning of a "dwelling house" by the "criminal agency of another"
- The corpus delicti of murder is established by proof of:
-
1. a death
2. caused by the criminal agency of another. - Manslaughter (Common Law)
- the unlawful killing of another without malice aforethought.
- When a federal criminal statute uses a common law term without defining it ...?
- the term is given its common law meaning.
- At Modern Law, if the victim's body is absent, the corpus delicti may be established ...?
- circumstantially. i.e. through proof of criminal violence adequate to produce death and which accounts for the disappearance of the body.
- Petit Treason included the killing of?
-
a. a husband by his wife
b. a master or mistress by a servant.
c. a prelate by a clergyman. - Can a person convicted of a misdeamenor in one jurisdiction be considered a felon in another jurisdiction?
- Yes. Person convicted in a minority state punishable by one year or more;sentenced to less than a year|Majority state considers person a felon
- Four elements of a crime include?
-
a. Mens Rea
b. Actus Reus
c. Concurrence
d. Causation - Can Burglary serve as an underlying felony for felony murder?
- Not when the accused intended to commit the murder "therein"
- In what jurisdiction must Felony murder be the "cause in fact" of the death, not the "proximate (legal) cause?
- Majority jurisdiction
- (Modern Law) First Degree felony murder?
- Is a killing committed during the perpetration or attempt to perpetrate an inherently dangerous felony or one of the statutorily defined felonies.
- First degree felony murder (Modern Law) most jurisdictions include?
- Burglary, Arson, Robbery, Kidnapping and Rape (BARKR)
- Any killing that is not justifiable or excusable is?
- a criminal homicide
- A Crime is defined as?
- Any social harm defined and made punishable by law. It can be an affirmative act or an omission to act where there is a duty to act.
- Res gestae
- The res gestae of a crime is the "whole" crime, including all circumstances so closely connected to it that they are part of the crime.
- Actus Reus
- the necessary criminal act or omission
- At common Law death occurs when..?
- there is a permanent cessation of heart beat and respiratory functions.
- (Modern Law) Unlawful Homicide is generally divided into four categories:
-
1. First Degree Murder
2. Second Degree Murder
3. Voluntary Manslaughter
4. Involuntary Manslaughter - Felony murder rule - proof must be offered of ..?
- the "intention" to commit the underlying felony.
- Mens Rea
- The necessary criminal mental state or criminal thought
- Common Law Crimes
-
Treason
Felony
misdemeanor - Second Degree Murder (Modern Law)
- The unlawful killing of a human being with malice aforethought that does not amount to first degree murder.
- An intentional killing during a felony where the intent to murder is derived from the intent to commit the felony. Defines?
- Felony Murder.
- Can assault with a deadly weapon serve as the basis for felony murder?
- No, assault merges with homicide.
- Examples of crimes which merge into other crimes - Continued:
- Larceny and ssault merge into robbery. Assault may merge into Battery. False imprisonment merges into Kidnapping.
- Felony murder (Common Law)
- is a killing committed during the perpetration of a felony.
- Concurrence
- simultaneous occurrence of mens rea and actus reus (except in the case of "continuing trespass" for the crime of larceny)
- Malice aforethought (Common Law)a life-threatening state of mind may be either:
-
1. Express
2. Implied - Causation
- the act must be the actual and the proximate (or legal) cause of the harm.
- Felony murder rule the homicide must be within the ...?
- res gestae (the whole of the crime, including all circumstances connected to it) of the felony committed.
- Minority Jurisdiction
- a felony is a crim for which a sentence of one year or more is actually imposed.
- Corpus Delicti
- the body and substance of the crime which ordinarily includes: The act and the criminal agency of the act.
- Misdemeanors
- are crimes which are not felonies and are typically punishable by fines and/or imprisonment for less than one year - usually county jail
- Michigan (Limitations on felony murder rule)
- Michigan is the only state with NO felony murder rule.
- A co-felon may be liable for felony murder as a result of ..?
- Vicarious Liability (ability that a supervisory party (i.e. EMP) bears for a subordinate or associate (i.e EE) due to the relationship)
- Examples of crimes which DO NOT merge into other crimes:
- conspiracy to commit a crime does not merge into the target crime. Forgery does not merge into Uttering.
- Is the identity of the perpetrator part of the corpus delicti?
- No. Therefore, it may be established by an out-of-court admission or confession of the accused.
- Washington Rule (Limitations on felony Murder)
- Under Wash rule, the Felony Murder rule applies in the death of a co-felon only if the felons initiated the use of deadly force.
- What are the 3 limitations on felony murder rule?
-
1. Redline Jurisdiction
2. Washington Rule
3. Michigan - (Modern Law) A death occurs when...?
- There has been "irreversible cessation of all brain functions" which, in the absence of mechanical life-support, would result in cessation of heartbeat and respiratory functions.
- Some jurisdictions offer the additional classification of "special circumstances" for murder - what are they?
-
a.Isolates certain types of murders: policeman or committed by someone with prior criminal convictions.
b. allows for the death penalty - Treason - at early common law was punishable by death and was divided into:
-
1. High Treason - crimes against the king.
2. Petit Treason - crimes against lessor officials - Majority jurisdiction
- a felony is a crime for which a person MAY BE SENTENCED to one year or more of imprisonment.
- Malum in se
- a crime that is wrong in itself or morally culpable. Such crimes are often referred to as "true crimes"
- A human being at common law is defined as?
- a person "born alive"; the killing of a fetus is not considered homicide at common law.
- The perpetrator usually manifests a depraved or hardened heart w/ indifference to the high risk of death or great bodily injury that may result form his behavior under the mens rea of what type of murder?
- Second Degree Murder (Modern Law)
- Infamous crimes involve?
- Moral turpitude
- Modern Law Felony
- crimes punishable by imprisonment for one year or more, typically served in teh state penitentiary.
- Second Degree Felony Murder (Modern Law)
- Is a killing committed during the perpetration or attempt to perpetrate an inherently dangerous felony not defined by statute or first degree felony murder.
- Unlawful Homicide
- is the killing of a human being by another committed without lawful excuse or justification
-
Void for Vagueness Doctrine:
A statute or ordinance must give? - a person of reasonable intelligence - fair notice - that the person's comtemplated conduct is forbidden. (True crimes are presumed not to be subject to claims of the void/vagueness doctrine.)
- Murder (Common Law)
- the unlawful killing of another with "malice aforethought"
- First Degree Murder (Modern Law)
- The unlawful killing of a human being with malice aforethought and with an intent to kill that is willful, deliberate and premeditated to cause death
- Moral turpitude normally means?
- the violation of accepted moral standards, including dishones acts.
- Redline Jurisdiction (limitations on felony murder)
- holds that liability for murder cannot be based on the death of a co-felon at the hands of the victim, the police or another felon.
- (Common Law)Felonies included:
- Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem and Burglary. [Punishable by death and forfeiture of lands and goods to the crown.] MR MRS LAMB
- Excusable Homicide (Common Law)
- is a criminal killing where the killer is at fault to some extent, but where the circumstances do not justify infliction of full punishment
- Void for Vagueness Doctrine
- Pursuant to the "due process clauses" of the 5th/14th amendments; statute incapable of being understood by common intellegence is void/vagueness
-
For what degree of murder are these two conditions required?
1. There must be a consciousness of peril or probable peril that the perpetrator disregards.
2. It requires malice aforethought without the intent to kill that is willful, deliberate - Second Degree Murder (Modern Law)
- Justifiable Homicide (Common Law)
- is a killing commanded or authorized by law and is not punishable.
- Either or both of the two elements of Corpus Delicti (The act AND the criminal agency of the act) may be proved by?
- direct or circumstantial evidence.
- The Corpus delicti of a crime (the objective proof that a crime has been committed) must be established before..?
- a person can be brought to justice for that crime.
- The presence of the body of the alleged victim was an essential element in establishing the corpus delicti of murder AT ....?
- Common Law
- Criminal law study
- Criminal law study