Criminal Law Spring 2013

Front 1

Killing of a human being with "malice afterthought"

Back 1

Common Law murder

Front 2

Intent to Kill

Intent to inflict grievous bodily injury

Extremely reckless disregard for value of human life (depraved heart murder)

Felony Murder

What do these four things define under common law murder?

Back 2

Malice

Front 3

Conscious objective to kill or knows with substantial
certainty that conduct will result in death;

Express malice shown

What form of malice is this?

Back 3

Intent to Kill

Front 4

One who kills with utter callousness, indifference to
human life
Risk of death is so substantial/ Justification non
existent
Malice is implied.

What form of malice is this?

Back 4

Extreme recklessness or depraved heart murder

Front 5

Killing by means of poison or “lying in wait”

Wilful, deliberate and premeditated homicide

Homicide during perpetration or attempted perpetration of a statutorily enumerated felony (arson, rape, robbery and burglary

Back 5

Pennsylvania system types of murder

Front 6

MPC Murder

Back 6

No Concept of malice aforethought
No degrees of murder
Following Mens rea states must be considered:
Purposely, knowingly or recklessly, manifesting extreme
indifference to value of human life
No Felony Murder rule, however: If commits one of the many listed felonies, creates presumption of recklessness mens rea

Front 7

Elements of manslaughter defense?

Back 7

Heat of passion
Adequate provocation
No cool off
Causal link between the passion, the provocation, and homicide.

Front 8

Provocation under common law

Back 8

Assault/battery
Mutual combat
Commission of crime against relative
Witnessing spousal adultery
Illegal arrest

Front 9

Provocation under modern view

Back 9

Jury decision
Would render an ordinarily prudent person being incapable of cool reflection
so gross that an ordinary reasonable man would resort to violence

Front 10

MPC manslaughter

Back 10

Recklessly kills another

under extreme mental or emotional disturbance

Reasonable explanation

Front 11

First degree murder?

Back 11

willful
deliberate
premeditated

Front 12

2nd degree murder?

Back 12

All other killings...

Intentional killings that are not premeditated

Intend to cause grievous bodily harm that results in death

Depraved heart murder

During the commission of a listed felony

Front 13

Independent felony or merger limitation

Back 13

If the felony is an integral part or a step toward causing death the underlying felony merges with the homicide

Front 14

Res Gestae

Back 14

Must be a causal connection between the death and defendant's conduct

Majority Rule: Agency theory
Minority: Proximate causation theory

Front 15

Common law self defense

Back 15

Non aggressor
reasonable belief
unnecessary
imminent
unlawful
Proportional

Front 16

MPC self defense

Back 16

subjectively believes need to use force
immediately necessary on the present occasion
Has to retreat if he knows he can do so with complete safety

Front 17

MPC self defense deadly force...under what circumstances?

Back 17

1) death; 2) serious bodily injury; 3) forcible rape; or 4)kidnapping

Front 18

Mens rea of attempt

Back 18

intentionally commit acts that consistute actus reus of attempt

must perform acts with specific intent to complete the crime

Front 19

MPC test for attempt

Back 19

substantial step

Front 20

Pinkerton

Back 20

each co conspirator is liable for foreseeable crime committed by the co conspirator

Front 21

Mens Rea of Conspiracy

Back 21

specific intent to agree with another to commit a crime and intend to commit it