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26 Cards in this Set
- Front
- Back
California Controlling Cases
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California: Berry, Jewell, Phillips, Anderson, Smith (Can Big John Play Alto Sax?)
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New York Controlling Cases
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New York: Casassa, Marerro (Now You Can Mosh)
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Pennsylvania Controlling Cases
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Penn: Carroll, Malone (Please convict molesters!)
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Other Pursuasives:
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Pope, Jones, Guthrie, Girouard, Maher, Welansky, Williams, Fleming (Penis Joke: Good gravy! My winky went flacid!)
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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.
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Barber, CA
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Deliberate ignorance of a fact doesn't excuse one of culpability.
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Jewell, CA
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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.
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Phillips, CA
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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
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Smith, CA
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The reasonableness of the explanation or excuse is looked at from the point of view of a reasonable person in the defendant's situation.
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Casassa, NY
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Malice need not be specifically directed at the victim, but any evil design in general.
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Malone, PA
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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.
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Marerro, NY
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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
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Pope
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Duty imposed when: Imposed by statute, status relationship, assumed care and secluded, contractual
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Jones
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Premeditation requires that intent come into play some time before the act.
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Guthrie
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Verbal provocation is not sufficient
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Girouard
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Provocation need only be that which would inflame the passions as such to make a normal man act from passion rather than through reason
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Maher
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What must be intended is the reckless conduct, not necessarily the result.
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Welansky
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Must obtain care in such cases where a prudent person would.
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Williams
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Malice may be established by evidence of conduct which is "reckless and wanton and a gross deviation from a reasonable standard of care"
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Fleming
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MPC homicide types:
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Murder, Manslaughter, Negligent Homicide
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MPC Murder
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purposely, knowingly or recklessly with extreme indifference or felony-murder
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MPC Manslaughter
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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
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MPC Negligent Homicide
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Come on now...if you can't get this one...just quit now.
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Defendant is responsible for the "reasonable, natural and probable result of his act" of placing deceased in danger of his life.
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Keaton
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Intent can be formulated instantly and concurrent to the act.
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Carrol, PA
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To establish premeditation, must look at: Relationship or past interaction with victim, Method of killing, and planning activity
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Anderson, CA
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