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7 Cards in this Set

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how to choose between depraved heart murder and involuntary manslaughter?
depraved heart murder is conduct which the D knows will create a very high risk of death or serious bodily injury. criminal negligence is usually regarded equivalent to gross negligence--creating a high risk of death or injury

difference is "very high" compared to just "high"
in a charge of inperfect self-defense, what is the murder mitigated to?
voluntary manslaughter
is the privilege of necessity available when the one claiming it was intoxicated?
Not when the voluntary intoxication is the reason the necessity to intentionally kill another arose in the first place
is an opened window sufficient for a breaking at C/L?
No, at C/L, the "breaking" element required that the D have actually created an opening into the dwelling house; if the occupants left the window or door open and the D entered thereby, there was no breaking
what crime whena third party delivers property of employer to employee for delivery to employer and on the way back the employee decides the steal the property?
Embezzlement
anytime a person is in lawful possession of another's person's property and then decides to steal it, what is the charge?
Emebzzlement
What can a person be convicted of if she commits a homicide with no intent to kill?
when there is no intent to kill, a homicide must be either felony murdr (which may be first degree), second degree murder (intent to seriously injure, wanton and willful misconduct), or involuntary manslaughter (criminal negligence or misdemeanor manslaughter)