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91 Cards in this Set

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Modern Law crimes are divided into what classifications?
Felony
Misdemeanor
Infraction
Motive
is evidence or "mens rea" but not an element of a crime.
(Modern Law) Excusable homicides? Justifiable homicides?
Excusable homicides are no longer punishable. Justifiable homicides are significant only in limited circumstances.
Infractions
are typically violations of regulatory offenses which are punishable by monetary sactions only. They did not exist at common law.
Implied Malice (Common Law)
when perpetrator shows a depraved heart, a wanto disregard for human life OR an intent to inflict serious bodily injury.
Malum prohibitum
refers to a statutory crime which forbids conduct which is not inherently wrong or immoral.
Examples of crimes which merge into other crimes:
Solicitation to commit a crime merges into conspiracy to commit a crime. Attempt to commit a crime merges into the target crime.
Express Malice (Common Law)
when the perpetrator manifests a deliberate intention to cause death unlawfully
Felony murder rule - malice aforethought is ...?
Implied by the perpetrator's intent to commit an inherently dangerous felony.
The corpus delicti must be established independent of..?
any any out-of-court admissions or confessions of the accused.
To what degree is the prosecution required to establish the proof of the corpus delicti?
Proof need not be as clear and convincing as is necessary to establish guilt.
When a federal criminal statute names a crime without defining it ...?
The crime is defined by common law.
First Degree murder and Voluntary Manslaughter share the element of ..?
INTENT. First degree murder also requires PREMEDITATION and DELIBERATION.
Involuntary Manslaughter (Modern Law)[Sometimes called misdemeanor manslaughter]
is the unintentional killing of another committed during the performance of an unlawful act not amounting to a forcible felony OR a lawful act carried out negligently, but w/out extreme recklessness
What Doctrine provides that under thefelony murder theory, the underlying felony must be "independent" of the killing?
The Felony Murder Merger Doctrine
Voluntary manslaughter may also arise in cases of imperfect self defense. An imperfect self-defense is?
A homicide where the use of force leading to the killing is based on an honest, but unreasonable belief in the need to use such force.
Adequate provocation requires?
1. Actual provocation of the accused.
2. that a reasonable person in similar circumstances would have been provoked.
3. that the accused did not cool off before the killing AND
4. a reasonable person would not have had time to cool off.
Where "words alone" are not adequate provocation -Informational words convey?
An act which itself would be reasonable provocation.
Voluntary Manslaughter (Modern Law)
The intentional killing of another committed in the heat of passion and with adequate provocation.
Heat of Passion encompasses?
emotions of rage and anger as well as any other violent or intense feelings.
In a majority jurisdiction death must occur within ...? (Common Law)
One year and one day after the act which caused the fatal injury.
A "theory" to establish the crime of murder but not a crime in itself. Defines?
(Common Law) Felony murder rule
(Modern Law)The Intent to kill is
1. Willful if?
2. Deliberate if?
3. Premeditated if?
Willful if an intention to kill exists. Deliberate if the intention is purposeful and by design.
Premeditated if the decision to kill was reflected upon, if only briefly.
(Common Law) If the accused killed as a result of provocation, what type of murder was this?
Manslaughter (Words alone were not adequate provocation)
Second degree murder and involuntary manslaughter LACK the element of ..?
INTENT. If the conduct that caused the killing is DEPRAVED or indicates a HARDENED HEART, this points to second degree murder.
When can Out-of-Court admissions or confessions of the accused may be introduced as evidence against the accused?
Once the corpus delicti has been established by independent eveidence.
Merger Doctrine
when a person commits a crime including lessser offenses, the lesser included offenses merge into the former and only the most serious offense
The modern trend for premeditation?
Is to narrow the time of reflection required.
The corpus delicit of arson at common law is established by..?
proof of the burning of a "dwelling house" by the "criminal agency of another"
The corpus delicti of murder is established by proof of:
1. a death
2. caused by the criminal agency of another.
Manslaughter (Common Law)
the unlawful killing of another without malice aforethought.
When a federal criminal statute uses a common law term without defining it ...?
the term is given its common law meaning.
At Modern Law, if the victim's body is absent, the corpus delicti may be established ...?
circumstantially. i.e. through proof of criminal violence adequate to produce death and which accounts for the disappearance of the body.
Petit Treason included the killing of?
a. a husband by his wife
b. a master or mistress by a servant.
c. a prelate by a clergyman.
Can a person convicted of a misdeamenor in one jurisdiction be considered a felon in another jurisdiction?
Yes. Person convicted in a minority state punishable by one year or more;sentenced to less than a year|Majority state considers person a felon
Four elements of a crime include?
a. Mens Rea
b. Actus Reus
c. Concurrence
d. Causation
Can Burglary serve as an underlying felony for felony murder?
Not when the accused intended to commit the murder "therein"
In what jurisdiction must Felony murder be the "cause in fact" of the death, not the "proximate (legal) cause?
Majority jurisdiction
(Modern Law) First Degree felony murder?
Is a killing committed during the perpetration or attempt to perpetrate an inherently dangerous felony or one of the statutorily defined felonies.
First degree felony murder (Modern Law) most jurisdictions include?
Burglary, Arson, Robbery, Kidnapping and Rape (BARKR)
Any killing that is not justifiable or excusable is?
a criminal homicide
A Crime is defined as?
Any social harm defined and made punishable by law. It can be an affirmative act or an omission to act where there is a duty to act.
Res gestae
The res gestae of a crime is the "whole" crime, including all circumstances so closely connected to it that they are part of the crime.
Actus Reus
the necessary criminal act or omission
At common Law death occurs when..?
there is a permanent cessation of heart beat and respiratory functions.
(Modern Law) Unlawful Homicide is generally divided into four categories:
1. First Degree Murder
2. Second Degree Murder
3. Voluntary Manslaughter
4. Involuntary Manslaughter
Felony murder rule - proof must be offered of ..?
the "intention" to commit the underlying felony.
Mens Rea
The necessary criminal mental state or criminal thought
Common Law Crimes
Treason
Felony
misdemeanor
Second Degree Murder (Modern Law)
The unlawful killing of a human being with malice aforethought that does not amount to first degree murder.
An intentional killing during a felony where the intent to murder is derived from the intent to commit the felony. Defines?
Felony Murder.
Can assault with a deadly weapon serve as the basis for felony murder?
No, assault merges with homicide.
Examples of crimes which merge into other crimes - Continued:
Larceny and ssault merge into robbery. Assault may merge into Battery. False imprisonment merges into Kidnapping.
Felony murder (Common Law)
is a killing committed during the perpetration of a felony.
Concurrence
simultaneous occurrence of mens rea and actus reus (except in the case of "continuing trespass" for the crime of larceny)
Malice aforethought (Common Law)a life-threatening state of mind may be either:
1. Express
2. Implied
Causation
the act must be the actual and the proximate (or legal) cause of the harm.
Felony murder rule the homicide must be within the ...?
res gestae (the whole of the crime, including all circumstances connected to it) of the felony committed.
Minority Jurisdiction
a felony is a crim for which a sentence of one year or more is actually imposed.
Corpus Delicti
the body and substance of the crime which ordinarily includes: The act and the criminal agency of the act.
Misdemeanors
are crimes which are not felonies and are typically punishable by fines and/or imprisonment for less than one year - usually county jail
Michigan (Limitations on felony murder rule)
Michigan is the only state with NO felony murder rule.
A co-felon may be liable for felony murder as a result of ..?
Vicarious Liability (ability that a supervisory party (i.e. EMP) bears for a subordinate or associate (i.e EE) due to the relationship)
Examples of crimes which DO NOT merge into other crimes:
conspiracy to commit a crime does not merge into the target crime. Forgery does not merge into Uttering.
Is the identity of the perpetrator part of the corpus delicti?
No. Therefore, it may be established by an out-of-court admission or confession of the accused.
Washington Rule (Limitations on felony Murder)
Under Wash rule, the Felony Murder rule applies in the death of a co-felon only if the felons initiated the use of deadly force.
What are the 3 limitations on felony murder rule?
1. Redline Jurisdiction
2. Washington Rule
3. Michigan
(Modern Law) A death occurs when...?
There has been "irreversible cessation of all brain functions" which, in the absence of mechanical life-support, would result in cessation of heartbeat and respiratory functions.
Some jurisdictions offer the additional classification of "special circumstances" for murder - what are they?
a.Isolates certain types of murders: policeman or committed by someone with prior criminal convictions.
b. allows for the death penalty
Treason - at early common law was punishable by death and was divided into:
1. High Treason - crimes against the king.
2. Petit Treason - crimes against lessor officials
Majority jurisdiction
a felony is a crime for which a person MAY BE SENTENCED to one year or more of imprisonment.
Malum in se
a crime that is wrong in itself or morally culpable. Such crimes are often referred to as "true crimes"
A human being at common law is defined as?
a person "born alive"; the killing of a fetus is not considered homicide at common law.
The perpetrator usually manifests a depraved or hardened heart w/ indifference to the high risk of death or great bodily injury that may result form his behavior under the mens rea of what type of murder?
Second Degree Murder (Modern Law)
Infamous crimes involve?
Moral turpitude
Modern Law Felony
crimes punishable by imprisonment for one year or more, typically served in teh state penitentiary.
Second Degree Felony Murder (Modern Law)
Is a killing committed during the perpetration or attempt to perpetrate an inherently dangerous felony not defined by statute or first degree felony murder.
Unlawful Homicide
is the killing of a human being by another committed without lawful excuse or justification
Void for Vagueness Doctrine:
A statute or ordinance must give?
a person of reasonable intelligence - fair notice - that the person's comtemplated conduct is forbidden. (True crimes are presumed not to be subject to claims of the void/vagueness doctrine.)
Murder (Common Law)
the unlawful killing of another with "malice aforethought"
First Degree Murder (Modern Law)
The unlawful killing of a human being with malice aforethought and with an intent to kill that is willful, deliberate and premeditated to cause death
Moral turpitude normally means?
the violation of accepted moral standards, including dishones acts.
Redline Jurisdiction (limitations on felony murder)
holds that liability for murder cannot be based on the death of a co-felon at the hands of the victim, the police or another felon.
(Common Law)Felonies included:
Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem and Burglary. [Punishable by death and forfeiture of lands and goods to the crown.] MR MRS LAMB
Excusable Homicide (Common Law)
is a criminal killing where the killer is at fault to some extent, but where the circumstances do not justify infliction of full punishment
Void for Vagueness Doctrine
Pursuant to the "due process clauses" of the 5th/14th amendments; statute incapable of being understood by common intellegence is void/vagueness
For what degree of murder are these two conditions required?
1. There must be a consciousness of peril or probable peril that the perpetrator disregards.
2. It requires malice aforethought without the intent to kill that is willful, deliberate and premeditated.
Second Degree Murder (Modern Law)
Justifiable Homicide (Common Law)
is a killing commanded or authorized by law and is not punishable.
Either or both of the two elements of Corpus Delicti (The act AND the criminal agency of the act) may be proved by?
direct or circumstantial evidence.
The Corpus delicti of a crime (the objective proof that a crime has been committed) must be established before..?
a person can be brought to justice for that crime.
The presence of the body of the alleged victim was an essential element in establishing the corpus delicti of murder AT ....?
Common Law