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55 Cards in this Set

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Assault
attempted battery
or
intentional creation of a reasonable apprehension of imminent bodily harm
Battery
(general intent crime, never strict liability)
IHOCUD
Intentional
Harmful or
Offensive
Contact
that is Unlawful
and caused by Defendant
Homicide
Murder (today's second degree murder)
Manslaughter (voluntary and involuntary
First Degree Murder
All homicide with malice aforethought: (i) felony-murder (usually heinous felonies), or (ii) willful, deliberate, and premeditated.
Murder
Murder is the unlawful killing of a human being with malice aforethought.
1) intent to kill
2) intent to do great bodily harm
3) intentionally creating situation where great bodily harm will occur
4) felony murder
What is “willful, deliberate, and premeditated” in the context of murder in the first degree?
(a) “Willful”: defendant must actually intend to kill. (b) “Deliberate”: defendant must be possessed of a cool mind that is capable of reflection. (c) “Premeditated”: must in fact reflect before his act of killing. D’s state of mind is decisive during the length of time between the formation of the idea to kill and the actual killing
Manslaughter
The unlawful killing of a human being without malice aforethought

Voluntary Manslaughter
Involuntary Manslaughter
Voluntary Manslaughter
Heat of passion:
a. Adequate Provocation
b. No reasonable time to cool off
or c. Imperfect Privilege (self-defense carried too far)

Causal connection between the provocation, the passion, and the fatal act.
Involuntary Manslaughter
Gross Criminal Negligence or
Misdemeanor Manslaughter: causing the death of another in the commission of a misdemeanor
Felony Murder
A defendant commits felony murder when he or an accomplice causes death , even accidentally, during the commission, attempt, or immediate flight from certain felonies, including armed robbery.
2nd Degree Murder
Requires that a person, act without premeditation, cause the death of another with: i) intent to cause the death of another, ii) knowledge that death or serious bodily injury would result, or iii) under circumstances manifesting extreme indifference to human life, recklessly engages in conduct that creates a grave risk of death.

Wanton disregard for life – differs from gross negligence because YOU KNOW THE RISK; DEPRAVED HEART
Merger Rule
the merger doctrine says if you intend to commit some harm and you cause that harm but it results in death – can’t use that crime to elevate it to felony murder. Intend assault with a deadly weapon and result is death = felony murder merger limitation
CL Rape
Forced sexual intercourse by a man on a woman not his spouse without consent.
Statutory Rape
The situation in which the victim participates willingly, but s/he is under the age of consent, which varies but is usually 16.
Burglary
The breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony inside.
Arson
The malicious burning of the dwelling house of another.
Arson is a malice crime, not a specific intent crime. Therefore, either intention or extreme recklessness will suffice.
Intoxication is not valid defense.
D stabbed P, who was 8 months pregnant, in the chest and abdomen. P dies immediately. Her unborn child was dead upon arrival at the hospital. Is D likely to be found criminally liable for the death of the child?
No, because the child did not live on its own prior to its death.
Hypo: A person goes hunting with a shotgun, sees what he thinks is an abandoned cabin, tries to shoot out the window of the cabin... kills X. What should he be charged with?
He would most likely be charged in the alternative with both Murder (based on proving implied malice through an extremely high degree of risk) and involuntary manslaughter (if intent cannot be proven)
What is required for a homicide to be first degree murder?
intentional killing with malice aforethought.
What is required for a homicide to be second degree murder?
intentional killing with malice, no premeditation.
What is required for a homicide to be voluntary manslaughter?
intentional killing mitigated by sudden passion as a result of adequate provocation.
What is required for a homicide to be involuntary manslaughter?
a killing committed through criminal negligence
When does criminal negligence occur?
when there is a gross departure from the standard or ordinary care.
Define Retributivism as it relates to punishment theory
Backward looking punishment philosophy. Developed by Kant. Focuses on free will of actors. Requires atonement for crime, and proportionality of punishment to the offense
Define Utilitarianism as it relates to punishment theory
Forward looking punishment scheme, developed by Bentham. Focuses on maximizing net happiness of society by avoiding punishments that do not serve to maximize utility.
What are the goals of utilitarian punishment?
Maximize society's well being through:
1. Deterrance- General to society and specific to the offender, and
2. Rehabilitation-Reform the criminal's behavior
What are the two defenses for specific intent crimes?
1) voluntary intoxication
2) any mistake of fact even if unreasonable
What are the general intent crimes?
Battery is never strict liability
Assault as a threat (e.g. I threaten you w/ bodily injury)
All crimes not specific intent or malice
Name some specific intent crimes.
First degree murder
Assault as an attempted battery (e.g. attempt to hit, duck and miss)
Burglary
Statutory Rape, strict liability?
Yes
Remember, consent and mistake of fact – no defense!
DEFENSE - Mistake of Fact
Specific Intent = Any mistake of fact (reasonable or unreasonable)

Malice and General Intent - Reasonable Mistakes Only

Strict Liability - Never

Unreasonable Mistake of Fact: (e.g. Whitebread’s pink car example).
Strict Liability Crimes
if the crime is in the administrative, regulatory or morality area, and when read the statute, there are no adverbs like “Knowingly”, “willfully”, “intentionally”.
Specific Intent Defenses
i. Voluntary Intoxication

ii. Any mistake of fact, even unreasonable
Arson
1. malicious
2. burning (charring)
3. of dwelling house
4. of another
Burglary
2. Entering of body
3. Into a dwelling
4. of another
5. At NIGHT
6. W/intent to commit a felony therein (intent had to exist at the time of the B&E)
Involuntary Manslaughter
Killing committed with criminal negligence (gross negligence) OR during the commission of an unlawful act
Voluntary Manslaughter
Killing that would be murder but of the existence of adequate provocation
- Look for "heat of passion"
Extortion
Blackmail

Obtaining property by means of threats to do harm or to expose information
Malice Crimes
1) Common Law Murder
2) Arson
To what crimes is voluntary intoxication a defense?"
Only to specific Intent crimes
When is non-deadly use of force an adequate self defense?
Anytime the victim reasonably believes that force may be used on them
When is deadly use of force a legitimate defense in Majority states?
Majority (default): anytime the victim reasonably believes that deadly force is about to be used on them
"What is duress?

When is it a defense?"
"Duress is when someone threatens you (or a family member) with imminent death or great bodily harm and tells you to commit a crime

It is a defense for all crimes but homicide"
What type of mistake of fact is a defense for a crime of strict liability?
None - mistake of fact is never a defense for crimes of strict liability
What type of mistake of fact is a defense for a crime requiring malice or general intent?
only if the mistake is reasonable
What type of a mistake of fact is a defense for a crime requiring specific intent?
ANY mistake (reasonable or unreasonable)
"What is an example of assault as an attempted battery?

What is the intent requirement?"
"Pro takes swing at me, I duck, and he misses

specific intent"
What is battery?

What is the intent requirement?"
"A completed assault

it's a general intent crime"
What is the intent requirement for assault as a threat?
General intent
If there is any contact, what happens to the assault as an attempted battery?
The assault as an attempted battery merges with battery.
What are the requirements for voluntary manslaughter?
"It is a killing from passion or a provoked killing

The requirements for provocation are
1. no time to cool off from the heat of passion AND
2. not ""mere words"""
what are the requirements for involuntary manslaughter?
killing from criminal negligence (gross negligence)
What is the requirement for misdemeanor manslaughter?
Killing someone while you are committing either a misdemeanor or an unenumerated felony (a felony not included within felony murder rule)
What are the defenses to statutory rape?
None. It is strict liability. So consent of victim and mistake of fact are no defense.
Elements of arson
"1. the MALICIOUS (intentional or w/reckless disregard of obvious risk)
2. BURNING (charring sufficient, blackening by smoke not) (explosion not enough unless it caused the fire)
3. of a DWELLING
4. of ANOTHER"