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23 Cards in this Set
- Front
- Back
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Murder
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Unlawful homicide with malice aforethought. May not require the intent to kill, but does require intent. No malice; no murder. Malice aforethought + Intent = MURDER.
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Intent
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State of mind – intent is not malice; malice is a higher degree of intent
Specific Intent: the intent to accomplish the result of the act. (Murder: intend the result of death) General Intent: the intent to commit the act. (Rape: intend to do the act of intercourse) |
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Malice
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is express when there is manifested a deliberate intention unlawfully to take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart (intent on steroids).
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Express Malice
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The manifestation of a deliberate intention to unlawfully take away the life of a fellow creature. The intent to actually kill a person (“I am going to kill you.” Gun to a person’s head)
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Implied Malice
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(by conduct) when no considerable provocation occurred appears or when the circumstances attending the killing show an abandoned and malignant heart.
(1) Intentionally committed an act (2) The natural consequences of the act were dangerous to human life (3) At the time he acted, he knew his act was dangerous to human life AND (4) He deliberately acted with conscious disregard to human life. • Intent to inflict great bodily harm (malice implied) robber beating up the old lady who died from the bodily injury – murder, even though he did not intend to kill her he acted with malice • Intent to commit a felony (malice implied) while in the process of committing an inherently dangerous felony D kills V with the intent to commit the felony, he acts with malice • Awareness that one’s act has an unusually high risk of death (malice implied) shooting the window of the truck – murder, even though he did not intend to kill, but just scare the guy; he acted with malice. |
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1st Degree Murder
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Murder committed with premeditation and deliberation, or by specific means or a homicide during the course of an independent enumerated inherently dangerous felony.
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Premeditation and Deliberation
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Premeditation: actor decided to kill before committing the act that caused the death
Deliberation: actor carefully weighed the consideration for and against his choice knowing the consequences and decided to kill • No specific time is required for P&D – any length works if shown – can be formed in a matter of seconds |
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Specified Act/Means
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An intentional killing using a specified act/means
• Torture, lying-in-wait, destructive devise or explosive, WMD, penetrating ammunition, discharge from vehicle, and poison – the methods require premeditation and malice is presumed. |
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1st Degree Felony Murder
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An unintended homicide occurring during or due to D’s participation in the commission or attempted commission of an enumerated felony (burglary, arson, rape, mayhem, carjacking, robbery, kidnapping, drive-bys, train wrecking).
(1) Commission or attempted commission of an enumerated felony (2) D participated in that commission or attempted commission (3) Death of victim was a result of injuries received during the commission or attempted • Intent to commit the felony fills the intent requirement for murder. • Underlying felony must be proved |
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2nd Degree Murder
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All murders (general intent + malice) that are not 1st degree. Implied malice – killing is due to depraved heart (extreme indifference to human life).
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2nd Degree Felony Murder
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An unintended homicide occurring during or due to the defendant’s participation in the commission of an inherently dangerous felony.
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Inherently Dangerous to Human Life
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A high probability that the act will result in death, not just the risk of death
• The law automatically implies malice even if the death was unintentional Split Jurisdiction • CA – judge whether or not the felony is inherently dangerous in the abstract – look at the elements of the felony in the abstract, not the particular facts of the case and what resulted (selling cocaine and girl died) • Other jurisdictions – evaluate the particular acts of the case |
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Merger Rule
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No assault – you cannot use felony assault to support felony murder because every murder involves and assault
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Manslaughter
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Voluntary - intentional killing without malice, imperfect self defense
Involuntary - no intent, no malice Criminally negligent, vehicular |
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Voluntary Manslaughter
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A specific and intentional, unlawful homicide without malice, done in the heat of passion by sufficient provocation, and without a cooling off period.
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Heat of Passion
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Any violent or intense emotion that causes a person to act without due deliberation and reflection – passion can overcome judgment.
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Provocation
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Act that would cause a person of average disposition to act rashly and without deliberation i.e. from passion rather than judgment. Under direct and immediate provocation. Objective test – would a reasonable person lose self control under these circumstances?
• Sufficient provocation is objective to an “ordinary man” not subjective to this D. • Some courts have recognized the following as sufficient provocation: mutual combat, battery, assault, adultery, outrageous act against a family member • Words alone – traditionally do not constitute sufficient provocation • CA – Provocation can build over time (case with the prostitute that cheated) |
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Cooling Off Period
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If enough time has passed from the provocation that a person with of average disposition would have cooled off and regained his clear reasoning and judgment, then the killing is not reduced from murder to voluntary manslaughter. Was there adequate time to cool off?
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Imperfect Self Defense
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Depends on whether the D’s belief in the need to use deadly force was reasonable. CA: negates malice.
(1) The D actually believed that he was in imminent danger of being killed or suffering great bodily injury (subjective – cannot be future harm); AND (2) The D actually believed that the immediate use of deadly force was necessary to defend against the danger (subjective); BUT (3) At least one of those beliefs was unreasonable (objective). Man subjectively thinks someone is breaking into his home in the middle of the night and feels a real threat to his safety – shoots through the door and it was his uncle. He intended to kill to protect himself from suffering great bodily harm, but if he knew it was his uncle, he wouldn’t have shot him. |
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Involuntary Manslaughter
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Unintended killing caused by criminal negligence or committed during the commission or attempted commission of an unlawful act or misdemeanor (General Intent crime, no specific intent and no malice aforethought).
No intent or malice. There cannot be an attempted involuntary manslaughter. Attempt crimes require and Intent. |
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Criminal Negligence
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(1) Acting in a reckless way that creates a high risk of death or great bodily injury AND
(2) A reasonable person would have known that acting in that way would create such a risk. |
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Unlawful Act
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Misdemeanor or felony that doesn’t qualify for felony murder rule.
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Assault
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The crime of assault exists where either:
Split Jurisdiction (1) An attempted battery. CA: do not have to see it coming; or, (2) An intentional placing another of apprehension of receiving an immediate battery (have to see it coming – intent to cause fear of touching/battery) CA: with the present ability to carry it out •Intent: assault is a general intent crime – unless assault with a deadly weapon, which is a specific intent crime. |
