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26 Cards in this Set

  • Front
  • Back
California Controlling Cases
California: Berry, Jewell, Phillips, Anderson, Smith (Can Big John Play Alto Sax?)
New York Controlling Cases
New York: Casassa, Marerro (Now You Can Mosh)
Pennsylvania Controlling Cases
Penn: Carroll, Malone (Please convict molesters!)
Other Pursuasives:
Pope, Jones, Guthrie, Girouard, Maher, Welansky, Williams, Fleming (Penis Joke: Good gravy! My winky went flacid!)
Heat of passion may result from a long-smoldering course of provocative conduct by the victim, the passage of time serving to agitate, rather than cool the defendant's agitation.
Barber, CA
Deliberate ignorance of a fact doesn't excuse one of culpability.
Jewell, CA
Conduct must be that which is inherently dangerous to human life and the actor must engage in that action with a conscious disregard of life.
Phillips, CA
Where the action causes or is inherent to the death, it is effectively merged with the higher charge and can't be used for Felony-Murder
Smith, CA
The reasonableness of the explanation or excuse is looked at from the point of view of a reasonable person in the defendant's situation.
Casassa, NY
Malice need not be specifically directed at the victim, but any evil design in general.
Malone, PA
Mistake of law as a result of a plain reading of a statute by the defendant does not exculpate due to a mistake of law.
Marerro, NY
Kindness towards doesn't impose a duty; cannot be expected to supercede duty of care of parent or make judgements on insanity that would allow one to take over that duty
Duty imposed when: Imposed by statute, status relationship, assumed care and secluded, contractual
Premeditation requires that intent come into play some time before the act.
Verbal provocation is not sufficient
Provocation need only be that which would inflame the passions as such to make a normal man act from passion rather than through reason
What must be intended is the reckless conduct, not necessarily the result.
Must obtain care in such cases where a prudent person would.
Malice may be established by evidence of conduct which is "reckless and wanton and a gross deviation from a reasonable standard of care"
MPC homicide types:
Murder, Manslaughter, Negligent Homicide
MPC Murder
purposely, knowingly or recklessly with extreme indifference or felony-murder
MPC Manslaughter
recklessly, or would be murder, but extreme emotional disturbance from viewpoint of a reasonable person in the actors situation as the actor believes them to be
MPC Negligent Homicide
Come on now...if you can't get this one...just quit now.
Defendant is responsible for the "reasonable, natural and probable result of his act" of placing deceased in danger of his life.
Intent can be formulated instantly and concurrent to the act.
Carrol, PA
To establish premeditation, must look at: Relationship or past interaction with victim, Method of killing, and planning activity
Anderson, CA