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84 Terms
Q: When can self-defense be used?
When a person reasonably believes they are at risk of imminent unlawful force and uses as much force as reasonably necessary to protect against it.
Q: What is the "alter ego rule" in defense of others?
The defendant stands in the shoes of the person they defend; if that person had no right to self-defense, the defense fails.
Q: What are the main categories of defenses?
A: Excuse, Capacity, Justification, mistake
Q: What is the "reasonableness" standard in defense of others?
Defense is allowed if the defendant reasonably, even mistakenly, believed the person aided had the right to use force.
Q: When can a person use force to defend property?
To prevent wrongful entry, prevent wrongful taking, or immediately recapture wrongfully taken property.
Q: How does a mistake negate criminal liability?
If it negates the required mental state or supports a justification defense.
Q: Is ignorance of the law a defense?
Generally, no. Everyone is presumed to know the law.
Q: What is a mistake of fact?
A mistaken belief about facts that may negate the necessary mental state for a crime.
Which can be more likely used as a defense mistake of fact or mistake of law
mistake of fact
The duty to retreat
try to run away if you can safely escape before resorting to deadly force
When is deadly force justified in self-defense?
When faced with imminent death, serious bodily injury, or serious felonies like sexual assault or kidnapping.
Q: What is the "castle doctrine"?
AA person has no duty to retreat before using deadly force inside their own home.
Q: What does "stand your ground" law do?
Negates the duty to retreat before using deadly force.
Q: Can an initial aggressor use deadly force?
Yes, if the respondent uses disproportionate force against them.
Q: How was suicide treated at common law?
It was a felony punished by disgraceful burial and forfeiture of property.
Q: How was "beginning of life" defined at common law for homicide?
A fetus was not considered a living person; birth had to occur.
self defense is justified if a person has reasonable grounds to believe that is necessary even if it turns out that his or her belief is wrong T or F?
T
a person may use reasonable force when a person believes it is necessary to
1. Prevent wrongful entry upon their property
2. Prevent the wrongful taking away of their property; or
3. To immediately recapture their property after it has been wrongfully taken
What are the 3 times mental capacity is assessed in criminal law
at the time of the crime, at the time of prosecution, at the time of execution
what factors can influence mental capacity at different stages
insanity, intoxication, infancy, and influence on punishment (death penalty)
who was involved in Americas first use of the insanity defense
Daniel Sickles, who was acquitted using temp insanity
what is the M’Ngahten test for insanity
a defendant is insane if, due to mental/disease/defect they could not understand the nature or wrongfulness of their actions
what is the irresistible impulse test
at the time of the crime, the defendant could not control their actions even if they knew the act was wrong
what does the durham rule state?
the crime was a product of a mental state, disease, or defect but if it was not for the disease or defect they would not have committed the crime
what does the model penal code (substantial capacity test) require
due to mental disease or defect the person lacked of substantial capacity to appreciate wrongfulness or to conform their conduct to the requirement of the law
what happens if there is no statutory insanity defense?
the focus is solely in whether the defendant had the necessary mens rea
what defines voluntary intoxication
knowingly ingesting a substance while aware it can cause intoxication
what is involuntary intoxication
being intoxicated without knowledge, consent, or awareness of the substances effects
when is involuntary intoxication is a defense either by
when it negates the specific intent required for a crime usually by lacking the necessary mental state, or because of intoxication they satisfy the jurisdictions insanity test
under common law, what is the rule for children under 7
no criminal liability
under common law, what is the rule for children 7-13
presumption against criminal liability, but it can be rebutted by showing knowledge of wrongfulness
under common law, what is the rule for children 14 and older
presumed capable of criminal liability
The 6th amendment right to a fair trial requires the defendant to be competent at the time of their trial
The defendant must be able to:
Understand the nature of the proceedings against them
be capable of the rationality assisting in their defence
Q: What are the 4 types of malice aforethought that can make a defendant liable for murder?
1) Intent to kill
2) Intent to cause serious bodily harm
3) Depraved heart/reckless indifference
4) felony murder
Q: What is “depraved heart” murder?
When someone is aware their conduct poses an unjustifiable risk of death and engages in it anyway
what is intent to cause serious bodily harm?
an intent to inflict serious bodily injury is sufficient to establish malice afterthought, making a defendant liable for murder even if the victim unintentionally dies
what is the intent to kill?
a person with express malice if they unlawfully intended to kill the victim. The defendant’s conscious objective is to cause the death of their victim. (Intent follows your act)
Q: What is felony murder?
Causing the death of another during the commission of a felony, even accidentally, implies malice aforethought.
Q: What is the difference between murder and manslaughter?
Murder involves malice aforethought; manslaughter is an unlawful killing without malice.
Q: What distinguishes voluntary manslaughter?
It involves an intent to kill but the killing is mitigated
Q: What are the 4 for heat of passion/provocation?
1) Actual provocation, 2) sufficient provocation, 3) Inadequate cooling-off period, 4) no cooling off
Q: What is 1st-degree murder typically characterized by?
Premeditation, specific means (e.g., poison), or occurring during certain felonies.
With second degree murder you will be sentenced to
life sentences but without possibility of parole
a strong provocation event of condition that would have created such sudden and intense passion in a reasonable as to cause them to lose control
to act rashly out of passion rather than judgement
sufficient provocation
defendant was actually provoked
actual provocation
an inadequate time elapses btwn the provocation and the killing for the passions of a reasonable person to have subsided
inadequate cooling off period
define common law murder
unlawful killing of another human being with malice aforethought
what are the 2 categories of homicide
murder (more culpable) and manslaughter (less culpable)
what deaths qualify as homicide
death resulting in permanent cardiac arrest or brain death
what is homicide
the unlawful killing of one person by another
how was beginning of life defined at common law for homocide
a fetus was not considered a living person; birth had to occur
define manslaughter
unlawful killing of another human being without malice aforethought
the objective view for the facts of heat of passion/provocation
sufficient provocation, cooling off period
sentence given for 1st degree murder
life or death sentences
the subjective view for the facts of heat of passion/provocation
actual provocation, no cooling off
what is voluntary manslaughter
typically involves an intent to kill but the killing is mitigated
the defendants passions/rage did not subside before the killing
no cooling off
What is “imperfect self-defense” in the context of voluntary manslaughter?
It’s when a defendant kills, honestly but unreasonably believing they have the right to use such force in self-defense. The killing is then classified as voluntary manslaughter.
What is involuntary manslaughter defined as
Illegal killing; was no intentional
What are the two types of involuntary manslaughter
Unlawful act, and negligent act
Death occurs during the commission of an unlawful act (e.g infractions, misdemeanours)
Unlawful act
Someone’s dies due the person careless or failure to meet a standard of care
A reasonable person would know not to do that
(Ex: MJ case, his doctor should know to not over prescribe)
Negligent act
A person acts with criminal negligence when
Acts recklessly creating high risk of death or great bodily injury
A reasonable person would have known that acting in that way would create such a risk
To make a killing criminal the victim must die within a ____ after the injury was inflicted or cause of death administered
A year and one day (conclusive)
What’s CA version of the one year one day rule
3 years and one day but can be rebutted
What’s a type of crime that imposes liability for acts before the harm ultimately intended ever occurs
Inchoate crimes
3 types of incohate crimes
Soliciting, conspiracy, and attempt (all need specific intent)
2 factors for voluntary manslaughter
Heat of passion/provocation, imperfect self defense
Q: What is Solicitation?
requests, encouraged, or commands another person to commit a crime (actus reus)
with intent that the crime be committed. (mens rea)
Q: Can a person be charged with both Solicitation and the completed crime?
A: No, due to Merger Doctrine. If the solicited crime is completed, the solicitor is guilty of the completed target crime. The solicitor cannot be charged with both the solicitation and completed target crime
Q: What is Conspiracy?
A: When two or more people agree to commit a crime.
Q: Is Conspiracy punishable even if the crime is not committed?
A: Yes, agreeing to commit a crime is punishable even if the crime never occurs.
What are the elements of Conspiracy?
Agreement between two or more people agree that one or more of them will commit a crime
SPECIFIC Intent that the crime will be committed
Overt Act (in some jurisdictions)
Q: What is an Overt Act in Conspiracy?
An act by one of the conspirators in furtherance of the agreement.
What is required for Attempt?
Specific intent to commit a crime
Perform an act, or acts toward that crime w/out actually completing it
substantial step test
example of an Overt act
Ex: After suspects agree to perform smash and grab robbery at jewelry store, one of them then goes to Home Depot to purchase a hammer.
What is the Substantial Step Test?
A test used to determine if the defendant took a substantial step toward committing a crime (focusing on conduct rather than intent alone)
Q: Can someone be guilty of attempt if the crime was never committed?
A: Yes, if they had specific intent and took a substantial step.
Q: What are some defenses to inchoate crimes?
Renunciation (for Solicitation and Conspiracy)
Abandonment (for Attempt)
what is Renunciation in Solicitation?
voluntarily and completely renounces his or her criminal purpose
thwarts the commission of the solicited crime.
Q: What are the two types of impossibility in criminal attempts?
Factual Impossibility – The crime couldn’t happen because the facts were not as the person believed them to be
Legal Impossibility – The defendant believed what he or she was attempting was illegal when it was not.
Generally, legal impossibility may be a defense to the crime of attempt. T or F
T, Engaging in lawful conduct incorrectly believing it is illegal does not ordinarily constitute a criminal attempt.
factual impossibility is not a defense to
the crime of attempt T or F
T