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19 Cards in this Set
- Front
- Back
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What is the definition of murder in Ca? |
The unlawful killing of a human or fetus with malice aforethought.
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What are the two primary elements in a murder?
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The act (actus reus) and the mental state (mens rea)
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Is the malice aforethought of murder always require the specific intent to kill?
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No. The theory of implied malice does not require any specific intent to kill.
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What is a common definition of implied malice?
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Conscious disregard for human life.
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What is transferred intent?
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The rule that when one satisfies the elements of murder for one person, they can be found guilty of murder as to other victims coincidently killed (bystanders)
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what are the elements of attempt?
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[1] The specific intent to commit a crime
[2] A direct but ineffectual act towards its commission |
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Can you attempt a crime that does not have specific intent as a requisite?
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Yes. You may have specific intent to commit such a crime.
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How can specific intent to attempt a crime be proven?
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The introduction of circumstantial evidence (direct proof is unnecessary)
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At what point in the sequence of acts to commit a crime is the act element of attempt satisfied?
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It may be the very first action but the act must be beyond mere preparation.
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What is express malice in the context of the crime of murder?
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The intention to take the life of another.
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Why is the determination of express malice critical in CA murder cases?
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Other than in felony murder cases, express malice is necessary to elevate the degree of murder to first degree murder.
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What are the two components of implied malice?
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Physical - carrying out an act which is dangerous to human life
Mental - conscious disregard for the hazard to life created by the act |
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May a killer be convicted of implied malice murder of victims he is not aware of? |
Yes. Implied malice does not require specific knowledge of a particular victim. (Taylor - murderer of a pregnant woman is guilty of the second degree murder of a fetus he was unaware of).
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What intent is required to establish an implied malice murder? |
The intent to carry out an act which the actor knows to be inherently dangerous to human life (i.e. likely to cause death). |
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What is the difference between a principal and an accessory before the fact? |
Nothing in Ca. The common law distinguishments between principal and accessory have been merged and both are tried as principals. |
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What is an accomplice per Ca statute? |
One who can be tried as a principal. |
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What types of murder are by definition first degree? |
PC 189: murder w/ explosives, WMDs, poison, torture, armor piercing ammunition, lying in wait, or any OTHER kind of premeditated, deliberate killing (i.e. the enumerated methods are per se wilful and premeditated) |
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Does specific intent to kill implicate premeditation and thus 1st degree murder? |
No. More reflection than the formation of the intent to kill is required for first degree murder, but the premeditation can happen quickly. |
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What factors do the CA courts use to establish premeditation? |
The Anderson test: 1] facts pertaining to what the defendent did before the killing that point to activity directed toward the killing (plannign activity) 2] facts about the prior relationship between the victim and the defendant from which a motive may be inferred which when combined with facts of type [1] or [3] create an inference of premeditation 3] facts about the manner of killing from which one could infer that the act was so particularized that it must have been premeditated |
