Studied by 14 people
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?
Defendant acted in the heat of passion
Defendant was reasonably provoked into the heat of passion
Defendant did not have sufficient time to cool off between provocation and the killing
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:
History of marital discord
Wife evidenced intent to permanently leave husband
Wife made insulting remarks about husband
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
Categorical approach (common law)
Modern reasonable person test
Extreme mental or emotional disturbance test
Steps of a provocation analysis
Initial definition of homicide
Analyze Actus Reus and causation
Establish malice
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
Analyze basic homicide definition
Actus Reus
Establish causation
Malice analysis
Provocation analysis *if needed
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
Plain meaning of text
Legislative history
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
Intent / purpose
Knowledge
Recklessness
Negligence
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)
Note 
Flashcard (50)