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7 Cards in this Set
- Front
- Back
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General Intent Crime
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can be committed either with the specific intent OR recklessness as mens rea.
-Murder 2 -Murder 1 -Arson |
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Specific Intent Crime
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Can only be committed with the specific intent to commit the crime as a mens rea
-burglary -larceny -felony murder |
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Voluntary Intoxication
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cannot be used as a defense to general intent crimes.
-rarely given as a defense -intent must be formed after intoxication |
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Justifiable Homicie
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a homicide where D's intent to kill is lawful
-self defense (take the life of his attacker becuase he was suffering a deadly attack -crime prevention (clerk shoots robber) -crime apprehension |
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imperfect self defnese
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D takes action in response to an honest (subjective) and reasonable (objective) belief of imminent deadly attack using force that she honestly (subjective) and reasonably (objectively) believes is necessary and proportional.
-voluntary manslaughter by imperfect self defense -d has a "fractured" beleif ie honest but unreasonable belief of imminent deadly attack or proportional force -use facts to show imminence and proportion (victims prior history, circumstances of the case, relative size of both parties) imminence in battered woman cases (since imminence is an objective standard what about women who are beaten daily and murder their abusive husbands while they sleep? |
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Involuntary Manslaughter
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An unintentional homicide committed without malice but with gross negligence
Gross Negligence: defendant knew or should have appreciated substantial and unjustifiable risk of death or serious harm. unjustifiable: nature/purpose does it outweight substantial: likelihood plus magnitutde defendant needs to have known or should have known risk -reasonable person test -easier to satisfy than the purely subjective test of VM -conduct that is substantial and unjustifiable risk to human life. ex. speeding through the streets to get to the hospital v. speeding through the streets to catch a movie on time case. hall defendant skiing down the mountain. |
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Attempt
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Actus Reus: sufficient acts toward commission of the crime (acts provide evidence of intent.
Mens rea: 1) desire to cause consequences of death 2) even if actor doesnt intend, it is practically certain crime will result. |
