Criminal Law Midterm

Murder Chart, Causation, Aiding & Abetting, Assault, Battery, Duty of Care

Murder I

• Premeditation: actual reflection on the consequences of taking the life of another

Murder II

• Was there specific intent to kill?

• OR was there specific intent to cause bodily harm? (serious impairment of physical condition)

Voluntary Manslaughter

1. Otherwise qualifies as MII

2. In the throes of overriding emotional passion

3. A reasonable person would be so provoked

Involuntary Manslaughter

1. Act is intentional

2. Death is unintentional

3. Criminal negligence

• Social utility factor: a socially acceptable rationalization differentiates from W&W

Willful & Wanton

1. Criminal negligence plus an acute awareness of the potential for death

2. A “don’t care” attitude or a hint of viciousness

Felony Murder II

1. Underlying felony is inherently dangerous

2. Independent of assaultive, life-threatening conduct

3. “In the perpetration”

Felony Murder I

• Felony Murder II requirements

• 5 enumerated felonies: rape, robbery, arson, burglary, kidnapping

Causation

• Timeline for causation: initial act, then intervening act, then result

1. Did the intervening act substantially contribute to the result (injury)?

2. Was the intervening act foreseeable?

   
   

Aiding & Abetting

1. Actual knowledge of the unlawful purpose of the perpetrator

2. Specific intent or purpose in the commission, encouragement, or facilitation of the crime

3. Aids, promotes, encourages, or instigates the commission of the crime by act, advice, or failure to act in a situation where there is a legal duty to act

• Mere presence at the scene of the crime is not sufficient

Duty of Care

1. A statute imposes a duty to care for another

• Teacher/student

2. One stands in a certain status relationship to one duty

• Parent/child

3. One has a contractual duty to care for another

• Assisted living facility

4. One has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid

• Jones case

5. One has created the situation putting the victim in jeopardy

• Hit someone with your car

Battery

• The unlawful application of force to another’s person, or to items closely associated with the body

• General intent: did the defendant intend to do the act? (there doesn’t need to be intent to cause harm or do something criminal as a result of the act — criminal negligence)

Assault — Common Law Theory

1. Specific intent to batter

2. A substantial step towards committing the battery (advanced in such a manner as to threaten immediate violence: fight or flight)

• Mere words are insufficient, but informational words are sufficient

Assault — Tort Apprehension Theory

1. Specific intent to create apprehension (do not need the present ability to commit battery)

2. The victim is aware of the act (was the victim actually afraid?)

3. A reasonable person would be apprehended

Reasonable Doubt — Prosecution

A seller hands you a vintage guitar and tells you it was just fully restored. You strum a single chord, and all six strings ring out in rich, clear harmony. You did not watch the luthier level the frets, set the bridge, or turn each tuning peg, but the result gives you a firm, reasonable basis to conclude that the instrument was properly restored and tuned.

You put cookies on the counter, leave the room, and come back to find crumbs on the floor and chocolate on your child’s face. You did not see the child eat the cookies, but the circumstances strongly support that conclusion.

Reasonable Doubt — Defense

A seller claims a vintage acoustic guitar is perfectly restored and concert-ready. You strike a standard chord, and while five strings sound clear, one string produces a harsh, buzzing flat note. You might not know if it’s a worn string, a warped neck, or a broken bridge, but that single sour note gives you a reasonable basis to pause and hesitate before buying it.

You order the same sweet coffee every morning, but one day it tastes completely bitter. You did not see how it was made, but you have a reasonable basis to question whether the sugar was added.