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17 Cards in this Set
- Front
- Back
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Sources of duty for omission liability |
(1) statute (2) K (3) CL status relationship (ex: parent, spouse, Doctor) (4) Isolation or assumption of care (deterring others from rescue), and (5) creation of risk |
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Limits on scope of omission liability |
(1) no duty to risk your own safety (2) duty depends on facts known to D (3) no duty to perform acts not physically capable of (4) getting help can discharge duty |
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Malice in law |
Intent to commit a wrongful act, meaning an intentional act...
-without justification or excuse or mitigating circumstances -D knows it’s wrong -Direct, natural, and highly probable relevant harm -With conscious disregard of risk of harm (similar to MPC recklessness) |
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Robbery |
Specific intent crime that requires:
(1) Larceny: trespassers taking and carrying away of another’s personal property with intent to steal. (2) Either: - From a person OR - Presence of a person (3) By either: -Force OR -Intimidation
DEFENSES: -Claim of right -Mistake -Intent to return + Specific intent defenses |
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Burglary |
Breaking and entering into another person’s dwelling or other specified place with the intent to commit a felony.
- breaking and - entering -the dwelling house of another - at nighttime - with intent to commit a felony inside. |
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Constructive possession (Kier) |
Must prove both that D had:
(1) power over drugs, and (2) intent to exercise control over drugs |
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Attempt: Common Law rules of thumb |
- Physical or Dangerous Proximity
- Indispensable Element: D must have acquired control over every essential aspect or element of the crime
- Unequivocality: the act must be inexplicable as a lawful act (res ipsa loquitur). |
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MPC Attempt: Substantial Step |
The act must:
- tend toward commission of act - be inexplicable as a lawful act - be more than mere prep |
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Attempt: Actus Reus |
Objectivist: (Acosta) how close to completion?
Subjectivist: (MPC) Substantial step. Was the D far enough from starting?
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Accomplice Liability: Actus Reus |
A person becomes an accomplice when he aids, abets, encourages, or assists another another in the commission of crime. |
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Accomplice: Men’s Rea |
Same as principle.
CL: intent to aid, plus intent to promote or facilitate the crime.
MPC: purpose of promoting or facilitating the commission of the offense. |
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Murder |
The unlawful killing of a human being with malice aforethought. (1) intent to kill (2) Intent to inflict grave bodily injury, resulting in death; (3) Extreme recklessness (depraved heart murder); or (4) Felony murder where felony is inherently dangerous to human life. |
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First degree murder |
Willful, premeditated, and deliberate killing.
Felony murder, ex. Robbery, rape, arson, burglary. |
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Manslaughter |
Unlawful killing of a human being without malice aforethought.
Voluntary Mansl.: Intentional killing in the heat of passion or EMED
Invol. Mansl.: Reckless killings that do not rise to the level of depraved heart murder. |
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Depraved heart murder |
2nd degree murder: implied malice
Recklessness, and
Plus factor, ex. High objective probability of death, base or antisocial motive, wanton disregard for value of human life. |
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Four elements for self defense to be satisfied under common law |
(1) Threat of deadly force, actual or apparent (2) Threat must be unlawful and immediate (3) D must believe subjectively that defensive force is necessary to prevent death/serious bodily harm (4) That belief must be reasonable (based on reasonable person with same life experiences because there is no time for reflection - objective) |
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Necessity def. CL |
To prevail on a defense of necessity, the defendant must believe that:
-Prevention: Committing a crime will prevent a significant harm or evil from occurring
-No Alternatives: No adequate alternative method of avoiding the harm is available, and
-Lesser Evil: The harm caused by the crime is less serious than the harm prevented by committing it |
