Criminal Law And Pro

Front 1

how to choose between depraved heart murder and involuntary manslaughter?

Back 1

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"

Front 2

in a charge of inperfect self-defense, what is the murder mitigated to?

Back 2

voluntary manslaughter

Front 3

is the privilege of necessity available when the one claiming it was intoxicated?

Back 3

Not when the voluntary intoxication is the reason the necessity to intentionally kill another arose in the first place

Front 4

is an opened window sufficient for a breaking at C/L?

Back 4

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

Front 5

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?

Back 5

Embezzlement

Front 6

anytime a person is in lawful possession of another's person's property and then decides to steal it, what is the charge?

Back 6

Emebzzlement

Front 7

What can a person be convicted of if she commits a homicide with no intent to kill?

Back 7

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)