Criminal Law

What is the minimum mens rea required for a homicide crime in most criminal laws?

At least gross negligence

What are the ways to prove malice?

Intent to Kill (express malice)

Intent to commit serious bodily injury (some jx)

Depraved heart murder

Felony murder

Accomplice liability

If there is only gross negligence, what homicide was committed?

Involuntary manslaughter

How do you increase a second degree murder charge to first degree murder?

Premeditation and deliberation

Other statutory rules

Enumerated felony (felony murder)

How do you decrease a second degree murder charge to voluntary manslaughter?

Provocation / heat of passion

If there is malice, what is the default crime?

Second degree murder

What is the depraved heart murder mens rea standard?

gross recklessness

What is gross recklessness?

A conscious disregard of the substantial and unjustifiable risk to human life

Commonwealth v. Malone

Russian roulette shooting with conviction of second degree murder

People v. Knoller

Dog mauling with a conviction of second degree murder

Conrad v. Commonwealth

Involves defendant falling asleep at the wheel and killing a jogger with a conviction of involuntary manslaughter

Commonwealth v. Welansky

Night club burned down and the owner was charged with involuntary manslaughter

State v. Williams

Parents failed to get medical attention for their child and were charged with involuntary manslaughter

What does the extreme mental or emotional disturbance test focus on?

The defendant’s state of mind at the time of the killing and the circumstances as the defendant believes them to be

What is the MPC approach to provocation?

The extreme mental or emotional disturbance test

When can a murder charge be reduced to voluntary manslaughter under the MPC?

If the killing was done under extreme mental or emotional disturbance and if there is a reasonable excuse.

Commonwealth v. Carr

A man who killed a women in the woods and tried to claim he was provoked because she was gay. The court used the modern reasonable person test in this case.

People v. Berry

Defendant killed his wife after 20-hour cooling off period. He claimed he was provoked into killing her. Court ruled for the allowing of a jury instruction on provocation defense.

Illinois v. Walker

Group of friends on the porch when stranger tried stabbing one of them. Defendant killed the stranger. Convicted of voluntary manslaughter because he did not have enough time to cool off between the provocation and killing.

What factors are considered for a reasonable person under modern majority?

Age and gender only

What are the 4 requirements of the modern reasonable person test?

1. Defendant acted in the heat of passion

2. Defendant was reasonably provoked into the heat of passion

3. Defendant did not have sufficient time to cool off between provocation and the killing

4. A reasonable person would also not have had enough time to cool off

What is the deadly weapon rule?

We can infer the intent to kill by the weapon used and if it was used to hit vital organs

When are mere words sufficient to prove provocation?

Must have all:

1. History of marital discord

2. Wife evidenced intent to permanently leave husband

3. Wife made insulting remarks about husband

4. Wife announced she engaged in adultery

Mere words doctrine

Mere words do not qualify as provocation

Categorical approach to provocation

The only way to use provocation defense is if the act falls in these 5 categories:

Aggravated assault or battery

Observation of serious crime against a close relative

Illegal arrest

Catching wife in adultery

Mutual combat

In the categorical approach to provocation, who decides if the act falls in the category?

The Judge

Which provocation approach is the modern majority?

Modern reasonable person test

3 provocation rules

1. Categorical approach (common law)

2. Modern reasonable person test

3. Extreme mental or emotional disturbance test

Steps of a provocation analysis

1. Initial definition of homicide

2. Analyze Actus Reus and causation

3. Establish malice

4. Analyze provocation based on jurisdictional requirement

Is the provocation doctrine a complete defense?

No, it is a partial defense

Kind of crimes that voluntary intoxication is a defense for

Specific intent crimes

Homicide

The unlawful killing of one human being by another; actus reus must cause the death in question

Actus Reus requirement for homicide crimes

The voluntary act of killing or the omission that leads to the killing + causation

Inference that can be made from the natural and probable causes doctrine

We can infer the intent to kill if someone shoots a gun at someone because the natural and probable cause of shooting someone is death or serious injury

Garnett v. State

20-year-old had consensual sex with a 13-year-old, but he thought she was 16. She got pregnant. He was charged with statutory rape.

Deliberation

Focuses on quality of thought and not length of time; cool, calm, reflection

Cool calm reflection is part of which doctrine?

Deliberation

Premeditation definition

Person had time to think about the killing in advance, but no exact time is required

Wink of an eye doctrine

Premeditation can happen in a moment as long as it happens before engaging in the killing

Gross / criminal negligence

Defendant should have known of the substantial and unjustifiable risk to human life

Express malice

Intent to kill

How can malice be implied

Intent to cause serious bodily injury (some jx)

Depraved heart murder (gross recklessness)

Felony murder

Steps for analyzing homicide crime

1. Analyze basic homicide definition

2. Actus Reus

3. Establish causation

4. Malice analysis

5. Provocation analysis *if needed

6. Premeditation and deliberation analysis *if needed

Mens rea requirement for first degree murder

Malice + statutory rule or malice + premeditation and deliberation

Mens rea requirement for second degree murder

Malice

Mens rea requirement for voluntary manslaughter

Malice + provocation

Mens rea requirement for involuntary manslaughter

Gross negligence

Entry by innocent instrumentality

The instrument that is used to commit a crime is an innocent person or untrained animal, but they do not know they are committing a crime

Malice definition (common law)

Wickedness

Starting point definition of intent / purpose

Acts with the purpose, desire, or intent to cause the harm that is prohibited by the statute

Natural and probable cause doctrine

An alternative way to prove intent for homicide crime allowing the consideration of surrounding circumstances including the weapon used and manner of inflicting the wounds

Difference between rape and statutory rape

Rape - lack of consent due to extrinsic factors

Statutory rape - lack of consent due to the specific age of the victim

Most serious strict liability crime

Statutory rape

Elements of statutory rape

Defendant had sexual intercourse with someone under a specific age and the victim was incapable of consent due to their age or an age gap

Morissette v. United States

Defendant went hunting, took and sold old bomb casings as scrap metal. He was charged with theft but he did not meet the mens rea requirement to be charged with theft.

Examples of strict liability crimes

Littering

Public urination

Driving infractions

Statutory Rape

What jurisdiction are specific and general intent distinctions made

Common law only

General intent crime definition

Crime only has 1 mens rea requirement which applies directly to the actus reus

Specific intent crime definition

Crimes requiring a mens rea, which applies directly to the actus reus and has an additional intent requirement added on

Misdemeanor

A crime with a maximum punishment of 1 year in jail

Felony

A crime with a punishment of a year or more in prison

State v. Creasy

Man broke into a sorority and was charged with burglary since he stole apron strings

Steps for statutory interpretation

1. Plain meaning of text

2. Legislative history

3. Apply rule of lenity

Rule of lenity

Adopts the version of the statute or rule that is best for the defendant

U.S. v. Yermian

The defendant applied for a job and lied on the security clearance form.

Five primary mental states

1. Intent / purpose

2. Knowledge

3. Recklessness

4. Negligence

5. Strict liability (no mens rea)

Starting definition of knowledge

Actual conscious awareness of a material fact

Starting definition of negligence

Should have known of the substantial and unjustifiable risk

3 ways to define knowledge

Actual knowledge

Constructive knowledge

Willful blindness

Constructive knowledge

Anyone using reasonable care and diligence would have known

Willful blindness

Subjective belief that a fact exists but deliberate action was taken to avoid learning the act

U.S. v. Jewell

A man drove over the border with drugs in a secret compartment of his car

Starting definition of recklessness

Conscious disregard of substantial and unjustifiable risk

Martin v. State

Man charged of appearing on highway drunk. Police forced him out of his home and put him on the highway so he could not be convicted.

CA penal code for shoplifting

Entering a commercial establishment with the intent to commit a larceny while the store is open during regular business hours. Property taken must be less than $950.

If these elements are met, the charge MUST be shoplifting and can not be burglary or theft.

Rehabilitation theory of punishment

The idea that we should focus on resolving trauma and issues that caused the defendant to commit the crime rather than the punishment

Incapacitation theory of punishment

People should be isolated and kept away from the rest of society because they are dangerous

Retribution theory of punishment

Focuses on revenge and believes the offender is deserving of the punishment.

Deterrence theory of punishment

People need to be punished to deter crimes from happening again.

4 theories of punishment

Deterrence

Rehabilitation

Incapacitation

Retribution

Actus Reus definition

A voluntary act where one has complete control or an omission

2 primary components of crime

Actus Reus and Mens Rea

People v. Decina

The defendant had a seizure while driving and killed children. Convicted because he knew of the risk of having a seizure and drove anyway

5 situations with a legal duty to act

Special relationship

Contractual obligation

Statutory duty

Creation of the risk of harm

Voluntary assumption of care

Prima facie defense

Create reasonable doubt on an element of the crime

Standard of proof in criminal case

Proof beyond a reasonable doubt

Standard of proof in civil case

Preponderance of evidence

4 categories of homicide

First degree murder

Second degree murder

Voluntary manslaughter

Involuntary manslaughter

Is suicide a homicide crime in common law?

Yes

2 parts of causation (homicide)

Factual causation and proximate causation

Test for factual causation

But-for test

What does dependent intervening act mean?

The defendant is the proximate cause unless the intervening act is bizarre or extremely unusual.

What does independent intervening act mean?

The defendant is not the proximate cause unless the harm was foreseeable.

Factors to consider when determining proximate cause

Voluntary human intervention

Apparent safety

Foreseeability

Intervening acts

5 things that must be present for failure to act to satisfy actus reus

Legal duty to act

Knowledge of the circumstances

Ability to act

Failure to act

Failure to act caused the harm

Voluntary manslaughter definition

A type of homicide that can be second-degree murder but is reduced because of a heat of passion

Involuntary manslaughter definition

An accidental killing due to gross negligence

Robbery

Felonious taking and carrying away by the threat of force or by force. The property taken from the victim’s person or their immediate presence.

When does specific intent element of burglary need to happen?

At the moment of entry

Estes rule for robbery

Force or threat of force element can be satisfied if it occurs at any point from the start of the robbery (the taking) and the end of the robbery (when the thief is at temporary safety)