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89 Cards in this Set

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What is murder of second degree in New York?
(1) intent to kill or (2) “depraved indifference to human life” recklessly engaging in grave danger
What is manslaughter of the first degree in New York?
Intent to cause serious injury OR acting under “extreme emotional disturbance”
What is manslaughter in second degree in New York?
Recklessly causing death.
What is criminally negligent homicide in New York?
Causing death with criminal negligence.
What is involuntary manslaughter in Pennsylvania?
Unlawful act or reckless or grossly negligent.
What is voluntary manslaughter in Pennsylvania?
If you kill under “sudden and intense passion resulting from serious provocation”
What is murder of the third degree in Pennsylvania?
All other kinds of murder.
What is murder of the second degree in Pennsylvania?
While you are in a felony.
What is murder of the first degree in Pennsylvania?
If committed as an “intentional killing”. That is defined as presumed acts like lying in wait, or “willful, deliberate and premeditated”.
What is criminal homicide in Pennsylvania?
If you intentionally, knowingly, recklessly, or negligently cause the death of another human being.
What is involuntary manslaughter in California?
Mostly “without due caution and circumspection” or in the commission of an unlawful act.
What is voluntary manslaughter in California?
“sudden quarrel” or “heat of passion”
What is manslaughter in California?
Unlawful killing without malice. 3 kinds: voluntary, involuntary, vehicular.
What is second degree murder in California?
All other murders that aren’t murder 1.
What is first degree murder in California?
First, it is a list of enumerated felonies and secondly it is “willful, deliberate, and premeditated”.
How does California define malice aforethought?
Express or implied. Expressed is “deliberate intention”. Implied if no provocation OR circumstances show “abandoned and malignant heart”.
What is the key element of California’s murder law?
Malice aforethought.
What is presumption of premeditation in homicide?
Homicides perpetrated by poison or torture or after lying in wait for the victim, etc., are presumed by common law to have been premeditated.
How to prove state of mind for “willful, deliberate, and premeditated” in the context of murder in the first?
The existence of these elements must be determined from the defendant’s conduct in light of the surrounding circumstances.
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
What is the most common element that defines murder 1?
Typically first degree is defined with “willful, deliberate, and premeditated” or “felony murder”
Generally, what is a “depraved heart” in the context of malice aforethought/
Reckless conduct that a reasonable person would realize creates a high degree of risk of death or serious bodily injury which actually causes the death of another may constitute murder
Generally, what is the “intent to inflict serious bodily harm” in the context of malice aforethought?
Intent to inflict serious bodily harm: conduct coupled with an intent to cause serious bodily harm but without an intent to kill, which causes another’s death, constitutes murder
Generally, what is “intent to kill” in the context of malice aforethought?
Intent exists from conduct unless there are mitigating circumstances or if the homicide is justifiable or excusable
What the common types of malice aforethought (3)?
intent to kill, intent to inflict serious bodily harm, depraved heart
What is the general definition of murder?
Murder is the unlawful killing of a human being with malice aforethought.
What is the corpus delicti of homicide?
The crime must consist of two things: (1) a person is deceased; and (2) the death is a result of someone's criminality.
Generally, what is criminal homicide?
Criminal homicide is the killing of another human being but without justification or excuse. The two important classifications here are "murder" and "manslaughter."
What are the types of excusable homicide (3)?
Accidental: For accidental homicide, the person must have committed the homicide while performing a lawful act with due care and without any intention of hurting the other.
Self-defense. Self-defense involves killing another upon sudden affray, merely in one's own defense or in defense of one's spouse, child, or parent, and not from any vindictive feeling.
Other homicides are excusable as a result of the status of the person committing the act (infants, feeble-minded persons, etc.), or because of an actual and reasonable mistake of fact.
What is justifiable homicide?
A homicide is justifiable if it is commanded or authorized by law, such as when committed in execution of a sentence of death, in preventing an escape, or in pursuit of a dangerous fleeing felon.
What are the three types of homicide?
Justifiable, excusable, criminal homicide
Was attempt a crime at common law?
Yes
Broadly, what are the elements that make up an attempt crime?
1) A *specific intent* to commit a crime (mens) and (2) an act in furtherance of that intent (actus), which goes far enough toward completion of the crime.
What is the requisite mens rea for an attempt crime (2 points + give example)?
(1) The intent to commit the acts or cause the result constituting the crime; and (2) the intent necessary for the completed crime. Example is burglary: the defendant must have had the *specific intent* to commit burglary.
Just how strict is the specific intent requirement in attempt crimes?
Very. For example, in Jones v State (689 N.E.2d 722) there was a drive by case. He was convicted of murder for the two people he killed but not attempted murder of the people who were only wounded. His acts were very reckless but he lacked the specific intent to murder the people he only wounded.
Why do we set such a high intent standard in attempt crimes?
One answer is moral: one who intended to commit a criminal harm does a greater moral wrong than one who does so recklessly or negligent.
Could you have an attempted felony-murder?
No.
Can you have attempted manslaughter?
Maybe an attempted voluntary manslaughter, but definitely not attempted involuntary manslaughter. By definition you can’t have specific intent when the crime requires recklessness.
What is Smallwood v. State 1996, Court of Appeals, Maryland (343 Md. 97), p556 [not rules]
Schema: No permissible inference
Facts: D knew he had HIV; D knew he should use condom; D raped 3 women at gun point; D convicted of assault with intent to murder;
Holding: The trier of fact may not infer an intent to kill solely on the fact that D exposed his victims to HIV
What are the 3 rules under Smallwood v. State 1996, Court of Appeals, Maryland (343 Md. 97), p556
Rule: The intent required in assault with intent to murder and attempted murder is the specific intent to murder.
Rule: An intent to kill may be proved by circumstantial evidence (such as conduct, words, or the use of a deadly weapon pointed at a vital part of the body).
Rule: Proof is required of the probability of D’s actions as they pertain to intent.
What is the difficulty in determining actus in an attempt crime?
We need to ascertain how far toward the completion of a crime D needs to be before he is criminally liable.
What is the traditional approach to solving the actus problem in attempt crimes?
D needs to go beyond “preparation” into “perpetration” but this is too imprecise to be practical in most situations.
What are the 6 different possible tests for actus in attempt crimes?
1) the last step, 2) physical proximity test, 3) control over all dispensable elements, 4) “probably desistance” test, 5) "equivocality", 6) the MPC way
What is the “last step” test for actus in attempt crimes?
"the accused must have taken the last step which he was able to take along the road of his criminal intent."
What is the “physical proximity” test for actus in attempt crimes?
The conduct must by physically proximate to the intended crime.
What is the “control over all indispensable elements” test in attempt crimes?
Nothing must be left undone that would prevent the defendant from committing the crime.
What is the "probable desistance" test for actus in attempt crimes?
To find an attempt only when the act is such that in the ordinary course of events it would lead to completion of the crime in the absence of intervening outside factors.
What is the "equivocality" test for actus in attempt crimes?
A.k.a the “res ipsa loquitur” test. An act amounts to attempt only if--when considered alone--it firmly shows the actor's intent to commit the crime.
What is the MPC approach to intent?
Requires an act constituting a "substantial step" in the course of conduct intended to result in the crime. The conduct must be "strongly corroborative" of the defendant's criminal purpose.
What was People v. Rizzo 1927, Court of Appeals of New York (246 N.Y. 334), p565 [not the rules]
Schema: Act falling short of an attempt punishable by statute
Facts: D and four others wanted to rob V; Ds drove to many places trying to find him; Ds were captured after police started to follow; the V never appeared anywhere
Holding: These facts do not lead to a conviction of attempted robbery.
What was the rule under People v. Rizzo 1927, Court of Appeals of New York
Rule: D intended to commit the crime but was not close enough to the act to qualify
What was the McQuirter v. State 1953, Court of Appeals, Maryland (343 Md. 97), p569 case [not the rules]?
Schema: Lingering as attempt
Facts: D (black man) followed V for a distance; V stopped and waited but D stayed; police claim D intended to rape V; D convicted of attempted rape
Holding: someone can by convicted of attempt for following victim if he later claims he intended to “get” her
Comment: no real rule here because this case practically eliminated the need for actus, not an authority you are going to want to use.
What was the United States v. Jackson 1953, Court of Appeals, Maryland (343 Md. 97), p569 case [not the rules]?
Schema: MPC approach to attempt
Facts: D and other wanted to rob a back; Ds got heavily armed; Ds cased bank multiple times; Ds altered license plate; Ds saw FBI and tried to escape; Ds convicted of attempted bank robbery.
Holding: D can be convicted of attempt when he did not commit last proximate act necessary for the crime
What are the 2 rules under United States v. Jackson 1953, Court of Appeals, Maryland (343 Md. 97), p569
Rule: “Last proximate act” sufficient but not necessary
Rule: D must have (i) been acting with the kind of culpability otherwise required for conviction of a crime, and (ii) taken a "substantial step" toward the commission of the crime.
What is “locus penitentiae”?
An opportunity to repent, to change one’s mind. Basically, it is an abandonment defense in an attempt crime.
What is a typical requirement for the abandonment defense in attempt crimes?
“under circumstances manifesting a voluntary and complete renunciation of the criminal purpose”
What is the model penal code definition of attempt (3 subpoints)?
If you have culpability for the attempted crime if a) have everything been as you though it were would constitute a crime, b) if result is element of crime you do that thing that should cause the result, and c) you take a *substantial step* toward the crime.
What is a “substantial step” for attempt in model penal code?
Conduct that *strongly corroborates* the crime such as lying in wait, enticing, reconnoitering, etc...
What is the Model Penal Code’s abandonment defense to attempt?
“a complete and voluntary renunciation of his criminal purpose”, cannot be motivated by increased likelihood of being caught.
What are the three types of homicide?
Justifiable, excusable, criminal homicide
What is justifiable homicide?
A homicide is justifiable if it is commanded or authorized by law, such as when committed in execution of a sentence of death, in preventing an escape, or in pursuit of a dangerous fleeing felon.
What are the types of excusable homicide (3)?
Accidental: For accidental homicide, the person must have committed the homicide while performing a lawful act with due care and without any intention of hurting the other.
Self-defense. Self-defense involves killing another upon sudden affray, merely in one's own defense or in defense of one's spouse, child, or parent, and not from any vindictive feeling.
Other homicides are excusable as a result of the status of the person committing the act (infants, feeble-minded persons, etc.), or because of an actual and reasonable mistake of fact.
Generally, what is criminal homicide?
Criminal homicide is the killing of another human being but without justification or excuse. The two important classifications here are "murder" and "manslaughter."
What is the corpus delicti of homicide?
The crime must consist of two things: (1) a person is deceased; and (2) the death is a result of someone's criminality.
What is the general definition of murder?
Murder is the unlawful killing of a human being with malice aforethought.
What are the common types of malice aforethought (3)?
intent to kill, intent to inflict serious bodily harm, depraved heart
Generally, what is “intent to kill” in the context of malice aforethought?
Intent exists from conduct unless there are mitigating circumstances or if the homicide is justifiable or excusable
Generally, what is the “intent to inflict serious bodily harm” in the context of malice aforethought?
Intent to inflict serious bodily harm: conduct coupled with an intent to cause serious bodily harm but without an intent to kill, which causes another’s death, constitutes murder
Generally, what is a “depraved heart” in the context of malice aforethought/
Reckless conduct that a reasonable person would realize creates a high degree of risk of death or serious bodily injury which actually causes the death of another may constitute murder
What is the most common element that defines murder 1?
Typically first degree is defined with “willful, deliberate, and premeditated” or “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
How to prove state of mind for “willful, deliberate, and premeditated” in the context of murder in the first?
The existence of these elements must be determined from the defendant’s conduct in light of the surrounding circumstances.
What is presumption of premeditation in homicide?
Homicides perpetrated by poison or torture or after lying in wait for the victim, etc., are presumed by common law to have been premeditated.
What is the key element of California’s murder law?
Malice aforethought.
How does California define malice aforethought?
Express or implied. Expressed is “deliberate intention”. Implied if no provocation OR circumstances show “abandoned and malignant heart”.
What is first degree murder in California?
First, it is a list of enumerated felonies and secondly it is “willful, deliberate, and premeditated”.
What is second degree murder in California?
All other murders that aren’t murder 1.
What is manslaughter in California?
Unlawful killing without malice. 3 kinds: voluntary, involuntary, vehicular.
What is voluntary manslaughter in California?
“sudden quarrel” or “heat of passion”
What is involuntary manslaughter in California?
Mostly “without due caution and circumspection” or in the commission of an unlawful act.
What is criminal homicide in Pennsylvania?
If you intentionally, knowingly, recklessly, or negligently cause the death of another human being.
What is murder of the first degree in Pennsylvania?
If committed as an “intentional killing”. That is defined as presumed acts like lying in wait, or “willful, deliberate and premeditated”.
What is murder of the second degree in Pennsylvania?
While you are in a felony.
What is murder of the third degree in Pennsylvania?
All other kinds of murder.
What is voluntary manslaughter in Pennsylvania?
If you kill under “sudden and intense passion resulting from serious provocation”
What is involuntary manslaughter in Pennsylvania?
Unlawful act or reckless or grossly negligent.
What is criminally negligent homicide in New York?
Causing death with criminal negligence.
What is manslaughter in second degree in New York?
Recklessly causing death.
What is manslaughter of the first degree in New York?
Intent to cause serious injury OR acting under “extreme emotional disturbance”