Criminal Law - Malice Crimes & General Intent Crimes

Front 1

Common Law Murder: Unlawful killing w/ MALICE AFORETHOUGHT (1 of 4 states of mind):

Back 1

1) Intent to Kill
2) Intent to Inflict Great Bodily Harm
3) Reckless Indifference to Unjustifiably High Risk to Human Life (depraved heart)
4) Intent to Commit a Felony

Front 2

Felony Murder

Back 2

= Killing that occurs during course of a felony (BARRK: burglary, arson, rape, robbery, kidnapping) if death is a foreseeable result of the commission of a felony.
- Specific inherently dangerous felonies elevate murder to 1st Degree.
- Intentional, unjustified killing w/ malice aforethought = 2nd degree murder

Front 3

Felony Murder - Defenses:

Back 3

- Defense to underlying felony
- Underlying felony must be something other than killing
- Death must not be reasonably foreseeable
- Death after Ds reach temporary safety (after flight), no FM
- D not liable for death of a co-felon as a result of resistance by VICTIM or police pursuit (e.g., gunman's death resulting from act of store clerk, V of robbery) BUT if storeowner shoots innocent shopper while resisting robbery = FM.

Front 4

Voluntary Manslaughter

Back 4

(Intent to harm murders mitigated to become VM) Elements:
- D provoked by the conduct of the V,
- At the time, D had not yet personally cooled from the passion V's behavior had thrust him into, &
- would've incited in a reasonable person.

Front 5

Imperfect Claim of Self-Defense

Back 5

(May mitigate malice crime for murder to VM)
- D killed honestly believing she must do so in self-D (mistake of fact) &
- Used more force than necessary.

Front 6

Involuntary Manslaughter

Back 6

(Gross recklessness murder or FM mitigated to become IVM - unintentional homicide). Elements:
- Something extremely reckless of a more outrageous nature but not risky enough to be depraved heart murder OR something that may have been risk enough for DHM BUT no subjective awareness.
- Killing someone during commission of a misdemeanor or felony.

Front 7

Kidnapping

Back 7

Some movement of V or if V not moved, sufficient if D concealed in a "secret" place.

Front 8

Arson

Back 8

Elements:
- Malicious
- burning
- of a dwelling house of ANOTHER
- damage to structure from fire (charring due to fire damage)

Front 9

General Intent Crimes:

Back 9

Rape, statutory rape, battery, assault
Defense: reasonable mistakes only

Front 10

Transferred Intent

Back 10

If D intended to harm V1 but harmed V2, intent is transferred. Never merge diff crimes that have diff victims- always prosecuted as separate crimes (attempted murder & murder).