Criminal Law (Common Law and MPC)

Dependent and independent intervening causes

Dependent - Liable unless the intervening cause is exteremely bizzare (shoot someone, they go to hospital, doctor messes up - still liable, but doctor decides to kill, that is bizzare)

Independent - Not liable unless independent cause is foreseeable

Purposely

1) It is their conscious object to engage in conduct of that nature or to cause such a result AND 2) he is aware of the existence of such circumstances or he believes or hopes that they exist.

Negligently

A person acts negligently when they fail to be aware of a substantial and unjustifiable risk that results in harm. The risk must be a gross deviation from the standard of care that a reasonable person would observe in the situation.

Recklessly

A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that results in harm. This risk must be of such a nature that disregarding it constitutes a gross deviation from the standard of care expected of a law abiding person.

Proximate Cause

Even if actual cause is established, a proximate cuase requires that the psh was foreseeable unless there were any sperseding factors that would breach the causal connection of alleged perpetrator. Proximate cause may be broken if there is a superseding event that is unforeseeable an abnormal releiving defendant of liability. These cause may be independent or dependent acts. Independent puts the victim in a certain place and time. Dependent is rect response of defendants action.

Criminal Homicide(MPC)

is the unlawful killing of another person, either intentionally or through reckless or negligent conduct. Criminal homicide includes murder, manslaughter, and negligent homicide

Murder (MPC)

1) purposely or knowingly or 2) committed recklessly under circumstances manifesating extreme indifference to value of life

Knowingly

1) He is aware that his conduct is of that nature or that such circumstacnes exist and 2) he is aware that it is practically certain his conduct will cause that result to occur.

Negligent Homicide

Criminal homicide constitutes negligent homicide when it is committed negligently.

Manslaughter (MPC)

1) committed recklessly or 2) a homicide which would otherwise be murder, but is committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse.

1st degree Murder (common law)

First degree murder is the unlawful killing (actus reus) of another human being

with “malice aforethought” (mens rea), either expressed or implied. Malice aforethought

is evidenced by an intent to kill or cause serious bodily injury (expressed), a depraved-

heart/extreme recklessness (implied), or an intent to commit a felony.

To convict a D of first degree murder, the prosecution must prove beyond a

reasonable doubt that the D had (1) an intent to kill with (2) deliberation and

premeditation.

(1) Intent to kill is shown if D knew that the death of another would result from

his actions. (2) Premeditation is shown if the D intended to kill another human and after

forming that intent, reflected on the decision before killing. It is this churning over in

the mind of the intent to kill, regardless of the length of time in which it occurs, that

distinguishes first degree murder from second degree. An act is not premeditated if it is

the instant effect of a sudden quarrel or heat of passion

Depraved heart

Depraved heart murder is acting with extreme recklessness and manifesting extreme indifference to the value of human life, where someone dies as a result of the behavior

Second degree murder (common law)

Is the unlawful killing (actus reus) of another human being with “malice aforethought” (mens rea), either expressed or implied. Malice aforethought is evidenced by an intent to kill or cause serious bodily injury (expressed), a depraved- heart/extreme recklessness (implied), or an intent to commit a felony.

To convict a D of second degree murder, the prosecution must prove that D: (1)

had an intent to kill or cause serious bodily harm (expressed), or the killing showed a

depraved-heart or extreme recklessness (implied), (3) without premeditation or

adequate provocation.

(1) Intent to kill is shown if D knew that the death of another would result from

his actions. Intent to cause serious bodily injury is shown if D knew his conduct would

cause an injury that is of a character which might naturally and commonly involve loss

of life, and the death actually does result. (2) Depraved heart or extreme recklessness is

shown by a callous disregard for human life.

Voluntary Manslaughter (common law)

To convict a D of voluntary manslaughter, the prosecution must prove that the D:

(1) committed a killing of another human (2) while in the heat of passion, brought on by

(3) adequate provocation (4) before a sufficient period had elapsed for the D’s blood to

cool and his reason to resume.

The provocation is adequate if it would arouse sudden and intense passion in the

mind of a reasonable person under the same circumstances, causing him to lose self-

control. The cooling period is sufficient if the D did in fact cool off or if a reasonable

person would have cooled off between the provocation and the killing. The provocation

must have caused the heat of passion, which must have caused the killing.