Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/78

Click to flip

78 Cards in this Set

  • Front
  • Back
What is the Felony Murder Ruule
Any killing that occurs during the commission or perpetration of an inherently dangerous felony is 1st degree murder.
In the felony murder rule, what is the CA statue like?
CA statue has their felonies enumerated (spelled out).
The cases under Felony Murder Rule are?
State v. Stewart
State v. Wesson
Describe the case State v. Stewart.
D, along with lover, were ingesting and smoking cocaine in front of their son for 2-3 days. Son died of dehyration. Baby only propped up once for formula. After baby's death, D went to get money for the leftover formula from the supermarket. Clerk felt pity for D and gave her $20. She used this on cocaine.

Indictment: D indicted for 2nd degree murder, making a child under 18 years. an habitual sufferer, and manslaughter.

Issue: 1) whether the jury should decide if the predicate felony is inherently dangers and 2) did the events meet the requirements of this predicate felony?

Rationale: Ct. said yes to both. P said "Because of D's chgronic state of cocaine intoxication, she might have reliazed what her responsibilities were but simply coun't remember whether she had fed her son when she didn't." A felony not enumerated can serve as a predicate felony and in this case, support a charge of 2nd degree murder. D's addictions and compulsions to cocaine were the overriding factors that controlled D's life.

Holding: D would be charged with 2nd degree felony murder and wrongfully permitting a child under 18 yrs. to be a habitual sufferer.
Describe the court case State v. Wesson.
Facts: D was trying to sell the V fake crack. D ended up stabbing the V while V was driving. Murder weapon traced back to D. D admitted he was selling fake crack and that it was a drug deal gone bad.

Indictment: D was indic ted for 1st degree felony murder and attempted selling crack.

Issue: Death that occurs as a result of a felonious sale of an illegal or controlled substance constitutes as felony murder?

Rationale: The facts of Felony Murder in Kansas had to show that a felony was being committed and that felony was inherently dangerous to human life.

Holding: Kansas Ct. said that there is nothing inherently dangerous in making a transaction of any drug. It is merely a sale. The fact that death flowed therein didn't flow from an inherently dangerious felony.

Charge: D was found guilty of 1st degree felony murder.
What are the two types of manslaughter?
1) Voluntary
2) Involuntary
Define Voluntary Manslaughter.
Voluntary Manslaugher is the intentional killing of one human being by another in the heat of passion with legally adequate provocation and without malice aforethought.
Are mere words legally adequate provocation?
No!

Mere words, no matter how insulting, derogatory or inflammatory, ARE NOT legally adequate provocation.
What is the case dealing with Voluntary Manslaughter?
State v. Watson
Describe State v. Wesson
D and Samples were "swapping out" or engaging in homosexual practices within the prison. Wilson, the "home boy" was around Samples a number of times and he wanted to avoid suspicion, so he left. D was suspecting that Samples was cheating on him. Got into argument. Then is resumed in the cell, Samples called D a "mo-fo", the n-word, and dissed D's mom. D then went to Samples' bunk and stabbed him.

Charge: D charged with 1st degree murder but convicted of 2nd degree murder.

Issue: Whether the mere words would be enough to be adequate provocation to mitigate murder to manslaughter?

Rationale: Ct. said no. Court said that mere words are not legally adequate provocation. Jury used reasonable person standard. D wanted the prison standard used. D argues that the jury instruction discounted any factual information on the background of the incident.

Holding: Court refused instruction. D charged with 2nd degree murder and got 25 years to life. Affirmed.
What is the case dealing with adultery?
Commonwealth v. Schnopps
Describe Commonwealth v. Schnopps
Facts: D and spouse were having marital problems. D suspected wife of having an affair. D and wife to go club and wife spends whole night dancing with co-worker. D comments on her behavior and wife says she wanted a divorce. Wife gets divorce in process & D wants wife to come over to talk. Son goes to neighbor's house. Wife comes over, they talk, and she says pointing to her crotch "you won't ever get this again because I've got something bigger and better for it." D said these words cracked him and he shot his wife 3 times and himself once. D called neighbor and told him what happened.

Charge: D was charged with 1st degree murder.

Issue: Was their premeditation in the killing of his wife?

Rationale: Ballistics report said that the way that the wife was killed had to be deliberately and purposely done. The words were not enough to make it in the "heat of passion." Jury felt that D shouldn't get a lesser sentence because he was having domestic difficulties.

Holding: After the judge instructed every possible verdict, the D was found guilty of first degree murder.
Define Involuntary Manslaughter.
Involuntary Manslaughter is the unintentional killing of one human being by another by reckless or negligent behavior within the law.
Involuntary Manslaughter is also know as?
Misdemeanor Manslaughter.
Misdemeanor Manslaughter is?
A counter part to felony degree murder.
Negligent Homicide came about by?
The Model Penal Code separating negligent homicide and involuntary manslaughter.
The court case that deals with negligent homicide is?
People v. Datema
Describe the court case People v. Datema.
Facts: D, her husband and two others were sitting around smoking marijuana and drinking alcohol. In concversation, past romances became the topic. Ms. Datema spoke about how she had sexual intercourse with other men. As wife was about to stand up, D slapped her across the face. Wife dropped to the ground. Turns out the slap teared an artery in Ms. Datema's neck and caused her death.

Charge: D was convicted with involuntary manslaughter and received 7-22 years.

Issue: Whether the unlawful act that resulted inb death is not committed recklessly or with gross negligence, should involuntary manslaughter be applicable?

Rationale: D asked for the jury to be instructed on involuntary manslaughter in terms of gross negligence. Ct. denied motion.

Holding: Ever unintentional killing of one human being by another will be charged with involuntary manslaughter. Ct said if an assault and battery is done with specific intent and death flows therefrom, the D may be charged with involuntary manslaughter.
What is insanity?
Insanity is a legal concept that is used in defense.

Not a popular defense.

Juries know people can escape punishment with this defense.
What is the General Rule for "Insanity"
The general RULE FOR INSANITY: The D may be acquitted by reason of insanity if at the time of the crime, the D was so impaired by mental illness or retardation that they were insane within the meaning of the law.
What are the four tests of Insanity?
1) M'Naghten Rule
2) Irresistible Impulse Test
3) Substantial Capacity Test (MPC)
4) Durham Rule
Define the M'Naghten Rule
M'Naghten rule is the "right or wrong test"

Deals with the nature or quality of act.
What is the General Rule for the M'Naghten Rule?
The M'Naghten Rule is when the D may be acquitted if at the time of the crime, the D didn't know the nature of his act and D didn't know that what he/she was doing was wrong.
What are the facts of Substantial Capacity Test?
The Substantial Capacity Test was created by the Model Penal Code.
What is the rule for the Substantial Capacity Test?
The Substantial Capacity Test says that the D is entitled to an acquittal because D had a mental impaiirment at the time of the crime, the D lacked the substantial capacity to either:
1) appreciate the criminalityt of his/her conduct
2) inability to conform their codnduct to the requirements of law.
The case that deals with the Substantial Capacity Test is?
State v. Quinet
Describe the court case State v. Quinet
Facts: D wanted to rape 23 of his classmates then go commit suicide. D chose first victim b/c they were in several classes together. D bought supplies and 2 days later bought movies to "get him in the mood." D faked his car being broken down, followed by placing a fake phone call when he went to the V's house. D talked to the victims for an hour, then pulled out his unloaded pellet gun. As D goes for duck tape, V's dad wrestles D and gets the gun. D is faced forward on ground.

D plead insanity.

Issue: Did the D have the substantial capacity to commit the crime?

Rationale: Ct. said yes, he commited the overt acts beyond mere preparation and D had the ability to refrain from his desires.

Holding: D was charged with 3 counts of attempted 1st degree murder and a count of attempted sexual assault. Also, D was charged with 1 count of sexual assault in the first degree because he tried to get the victim to engage in sex by threat/force.

Sentence: D was sentenced to 40 years imprisonment, suspended for 20 years, and 5 years probation.
What are the two types of Intoxication?
1) Voluntary
2) Involuntary
What's the rule for "Involuntary Intoxication" ??
Involuntary Intoxication is where 1) the D doesn't know they are ingesting an intoxicating substance OR 2) the D does know that the substance ingested is intoxicating but they did it under IMMEDIATE DURESS.
Involuntary Intoxication is....
A GENERAL DEFENSE
Voluntary Intoxication is....
NOT A DEFENSE but in some jurisdictions,it may be used to mitigate the mens rea.
What is the court case under Intoxication?
Montana v. Egelhoff
Describe the court case:

Montana v. Egelhoff
Facts: D was picking mushrooms, met some buddies, went to a bar. Officer finds D yelling obscenities in the back of a car with the driver & passenger shot in the back of the head with a bullet.

D says he was too drunk to recall what had happened.

Indictment: D was charged with 2 counts of deliberate homicide.

Issues:Whether or not D was too drunk to form the requisite mens rea to kill?

Charge: D was sentenced to 84 years imprisonment. D appealed.

Rationale: Montana State Sup. Ct. unaminously reversed and remanded sentence for 3 reasons. 1) D had a due process right to have all relevant evidence considered, 2) Evidence of D's intoxication would be relevant to determine if the act was committed deliberately and purposely, 3) State's burden would be removed from proving beyond a reasonable doubt.

Holding: U.S. Sup. Ct. reversed and reinstated conviction because this was a federal question of the constitution. US Sup. Ct said that in specific intent crimes, ALL relevant elements should be considered and that the jury considers involuntary intoxication of the D's mental state.
What is the Common Law Rule of "Age" ?
0-7 years -> Conclusively presumed that they cannot commit a crime
7-14 yrs. -> Still cannot commit a crime but there is a rebuttal presumption.
14 and up -> D can commit a crime
The court case that deals with AGE is?
State v. KRL
Describe the facts of State v. KRL.
Facts: A parent told the kids including KRL that playing in the alley wasn't too safe. Kids went home. Next day, KRL goes into Adler's house, chopped up a goldfish and smeared it on the counter, along with clamping a curling iron on a towel. D was mirandized and told mother that he knew it was wrong.

Charged: D was charged with residental burglary.

Issue: Whether a child of 8 years old had the substantial capacity to form the requisite mens rea to commit a crime?

Rationale: Washington State Statue says that for children between the age of 8-14 still can't commit a crime but if the State can prove that the D knew it was wrong and understood the act itself, the presumption could be removed.

Holding: The Ct. of Appeals reversed and remanded the decision because the justice said that behavior like this in children these ages was not uncommon. The State didn't have enough evidence to support a finding of capacity.
What is the General Rule for Duress (compulsion) ?
The rule for DURESS is "The conduct of another caused the D to reasonably believe that UNLESS HE/SHE COMMITTED THE CRIME, HE OR SOME THIRD PERSON WOULD SUFFER IMMINENT DEATH OR SERIOUS BODILY INJURY.
What are the facts of Duress?
Duress requires some immediacy of harm.

Duress is NOT a defense for threat of reputation

Duress is NOT A DEFENSE for intentional homicide.
What is the court case name that deals with Duress?
State v. Irons
What are the two types of mistake?
1) Mistake of Fact
2) Mistake of Law
Describe the court case State v. Irons
Facts: D was serving a sentence, made parole, got a DUI and had poor behavior with the officer and parole was revoked. D had interview about previous facility and said it was actually good. Inmates were very angry & threats were to sodomize D. D was chased to the 7-11, called his counselor to make a prison change & D refused to go back. D taken into custody.

D was charged with 1-5 years imprisonment.

Issue: Whether or not the D was in imminent threat or GBI?

Rationale: The trial ct. said that the threats were not imminent and that the D couldn't plead duress. The Ct. of Appeals overturned this conviction and said that the D was in immediate threat of GBI BUT that of the 5 prison conditions in order to change facilties, D didn't meet the 5th requirement of reporting to authorities after getting to safety.

Holding: Case was reversed and remanded for a new trial.
What are the facts of Duress?
Duress requires some immediacy of harm.

Duress is NOT a defense for threat of reputation

Duress is NOT A DEFENSE for intentional homicide.
What is the rule for MISTAKE OF FACT?
Mistake of FACT will excuse criminal liability if the mistake was honest and reasonable.
What is the rule for Mistake of Law?
There is no mistake of law, therefore it is NOT a defense. We are presumed to know the law.
What is the court case that deals with Mistake of Fact?
People v. Snyder
What is the rule for Mistake of Law?
There is no mistake of law, therefore it is NOT a defense. We are presumed to know the law.
What is the court case dealing with mistake of fact?
People v. Snyder
Describe the facts of People v. Snyder
Facts: D was charged for selling marijuana. At the time D was getting a plea bargain, her lawyer told her that she was pleading to a misdemeanor so she didn't register as a felon. D voted. Police went to D's residence and found a concealed weapon.

D was charged for possession of a concealed weapon by a convicted felon.

D argued mistake of fact.

Rationale: The Court said that her mistake was actually mistake of LAW because it was a legal status and D was presumed to know the law.
What is the Traditional Test for Entrapment?
Entrapment's Traditional Test is when the D commits an act that's induced or instigated by law enforcement and there is no predisposition to commit that act.
Both the traditional test and objective test for Entrapment are based on?
Public Policy
When is the defense of Entrapment available?
Defense of Entrapment IS NOT AVAILABLE IN ALL CRIMES.

Entrapment cannot be used as a defense in any crime against a person.

The defense of entrapment can be used for "Victimless Crimes" i.e. gambling, prostitution, etc.
Entrapment is used to? (think gov't)
Keep government officials from engaging in criminal activity.
The case that deals with Entrapment is?
Jacobsen v. U.S.
Describe Jacobsen v. U.S.
Facts: Child Protection Act was passed and government raided a bookstore. Mailing list was seized. Started sending out questionnaires. Finally D got them to stop by finally subscribing to them. No sooner did the D get to his mailbox, D was arrested for trafficking and child pornography.

Rationale: The federal government failed to prove that Jacobsen was predisposed to commit this act. The Ct. said in a 5-4 decision that Jacobsen was in fact entraped.
What is homicide?
The killing of one human being by another.
What case deals with the beginning of life under homicide?
State v. Merrill
Describe the Facts of State v. Merrill.
D shot woman who didn't know that she was pregnant, nor did the woman know.

D charged with 1st and 2nd degree murder of the woman and 1st and 2nd degree murder of the fetus.

D argued that the fetus statute was in violation of the 14th amendment Equal Protection Clause in relation to Roe v. Wade. D cited Substantive due process and statute vagueness.

Rationale: Ct. said that according to Roe v. Wade, the woman has the right to choose, not the assailant. Ct. said that the E.P.C. and Roe v. Wade were immaterial to Minnesota Fetus Size Statue. State's interest includes protection of the child, whether its an embryo or non-viable fetus in the interest of the woman.

Holding: Defendant was charged with 2nd degree murder and 29 years and 6 months in prison.
What 2 court cases deal with the ending of life in homicide?
People v. Eulo
People v. Bonilla
Describe facts of People v. Eulo
D and gf got into heated discussion in truck and D shot his gf. Gf was rushed to hospital and put on respirator. No brain activity. Gf's mother wanted to use her organs for transplant. Gf was pronounced dead. Surgery conducted. Respirator pulled and both the heart and brain ceased to function.

D was charged with 1st degree murder but the jury found him guilty of manslaughter.
Describe the court case People v. Bonilla
Facts: Victim found by cop with bullet wound in head. V was comatose. No response in brain activity. V's parents wanted to transplant his spleen and kidney to his brother. V pronounced dead, organs taken, respirator was removed and heartbeat and brain stopped.

D was charged with 2nd degree murder but the jury found him guilty of 1st degree manslaughter.
What is the traditional year-and-a-day rule?
The year-and-a-day rule says that if a person is to die after one year and a day the act was committed, the V is presumed to of died of natural causes.
What is CA's statue on year-and-a-day?
CA State Statute says that if a person dies after 3 YEARS and a day, the V is presumed to of died of natural causes.
The case that deals with the year and a day rule is??
State v. Minster
Describe the case State v. Minster
Facts: D shot V in the neck.

Indicted: D indicted for attempted 1st degree murder and use of a handgun in a crime. D charged with 20 years for attempted 1st degree murder and a 10=year concurrent sentence for the handgun.

Issue: Whether the State can convict D of 1st degree murder if the death occurs later than a year and a day?

Rationale: Maryland statute follows the traditional rule. Ct. felt that the legislature should mandate any changes made in the rule.

Holding: The charges against D for 1st degree murder would be dismissed.
Define Murder
Murder is the intentional killing of one human being by another with malice aforethought.
Define 1st degree murder
1st degree murder is the intentional killing of one human being by another with premediation and deliberation.
What are the facts of 1st degree murder?
You don't have to know the person
There is no ill will or hatred in 1st degree murder.
Define Malice Forethought
Malice Forethought is the intent to kill, actual or implied, when there is no excuse or justification and no mitigation.
The implied malice aforethought can be found in the following 5 places:
1) intent to kill
2) intent to inflict GBI
3) Intent to commit certain felonies
4) Intent to resist lawful arrest
5) Intent to create a serious risk or death.
Define premeditationq
Everything done before the act and can be instantaneous or one quick motion.
Define Deliberation
Doing something specifically on purpose in cold blood.
What is the court case that deals with first degree murder?
State v. Snowden
Define Deliberation
Doing something specifically on purpose in cold blood.
What court case deals with first degree murder?
State v. Snowden
Define 2nd degree murder?
2nd degree murder is the intentional killing of one human being by another with malice aforethought without premeditation.
What is the court case that deals with 2nd degree murder?
People v. Thomas
Describe the court case State v. Snowden.
Facts: D was at a poolroom/bar and met a lady and had drinks. D and lady left together. Quarrel b/w the two & they cooled down. D didn't think he should pay for the fair, but they got a cab. D says V swung and kneed him and that's why he cut her throat with a pocketknife. D ate her nipple, stole V's wallet, stayed at a hotel, discarded the evidence, and went home to Boise the next day.

D was charged with 1st degree murder.

D argued that he was reacting to the action of the V.

Rationale: State says there needs to be an appreciable space of time between the intention to kill and the act of killing, which can be virtually instantaneous.

Holding: Jury found D guilty of the willfull, deliberate and premeditated killing of Ms. Lucyle. The judge sentenced D to death.
Describe the facts of People v. Thomas.
V was in a religious practical training school. V's parents told D that if he needed to be punished, do it accordingly. V was taken on campus with pants down and beaten with a rubber hose for 15-20 min. the first time, then 45 min to an hour with a double hose. V got nausea and a upset stomach. D died two days later. Doctor said that V's legs were 2xs the normal size and that the beatings were what caused V's death.

D was charged with 2nd degree murder but found guilty by a jury for involuntary manslaughter and got 5-15 years.

Issue: Whether the D intended to kill the V?

Rationale: Ct. said that the beatings were a definite sign of malice and that the D clearly showed that he wanted to inflict GBI against the V.

Holding: Case was Affirmed.