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37 Cards in this Set
- Front
- Back
CL Capital Murder
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Any unlawful killing
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TPC Capital Murder
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19.03
19.02b1 murder PLUS 1. D Ks vic = cop/FF in off cap. 2. hard core felony 3. escapes from prison 4. murder for hire 5. murder more than one 6. kid younger than 6 7. etc. |
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CL Murder
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1. unlawful
2. killing 3. HB 4. w/ malice aforethought |
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CL Malice Quartet
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1. I to kill, no HOP
2. I to cause SBI, no HOP 3. DH/EIHL ...a. most courts require subjective SOM (conscious disreg high prob) and not merely act that allows inference) 4. F/M |
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TPC Murder
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19.02b1 (first deg felony)
1. I/K 2. cause death 3. HB (incl fetus) OR Commits or attempts to commit a felony and causes death Immediate influence of sudden passion=redux to 2nd degree |
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MPC Murder
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210.2(1)(a) P/K murder
1. I/K 2. cause death 3. HB or R manif EIHL (requires subjective awareness) |
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Deliberate
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Consider consequences w/ coolness (shortly before act)
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Premeditated
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Design formed in mind by time of act, such as:
1. prior relationship 2. acquire weapon, threats 3. xport victim to sec location 4. evidence of prior plan 5. subseq conduct 6. no provocation by victim |
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Neitzel Factors
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manifestion EIHL:
utility of conduct magnitude of risk D's knowledge of risk precautions taken to minimize |
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CL Depraved Heart Murder
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Implied malice aforethought when circumstances show "abandoned and malignant heart"
Reckless to entire world (R to individual starts to look like I/K murder) |
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TPC Depraved Heart Murder
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19.02b2
Knowingly-> aware that his conduct is reasonably certain to cause the result.... This is read into the Knowing/Intentional cause death of HB under 19.02 murder |
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MPC Depraved Heart Murder
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210.2(1)(b)
1. R 2. Cause death 3. under circs manif EIHL 4. of HB **Presumed if 1. flight from robbery, rape, dev SI, burglary, KN, escape |
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(NEW) CL Felony Murder
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1. Causing death
2. Any act 3. In course of felony |
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TPC Felony Murder
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19.02 b 3
1. commits/atts PF (not MS) 2. in course of and furth of PF/att/flight 3. commits act cl. dang to HL 4. result->death of indiv ONLY MS and LIOs merge |
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MPC Felony Murder
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210.2-1-b
presumes EIHL if certain F in progress; No true FM in MPC Policy: can't be applied fairly |
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Limits on Felony Murder
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1. Duration
...a. PF continuing, not complete ...b. not reached safe haven 2. Actual and prox cause ...a. D direct cause (no interv act) ...b. interv. cause = supercede? ........foreseeable? ........resp. or indep.? ........vol human interv? 3. Apparent safety doctrine |
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Felony Murder alternatives in agency jurisdiction
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1. Shield cases
2. Provocative Act 3. Wanton murder |
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Felony Murder policy justifications
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1. Careful felons
2. Deterrence of predicate felony 3. Society wants retribution |
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Inherently dangerous felony rule
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Minority: dangerous in the abstract
Majority: specifically dangerous in the situation (as committed) |
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Felony murder responsibility for others
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Proximate cause: objectively foreseeable illegal death
Agency: only responsible for the acts of your cofelons |
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Texas LIO statute for FM
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1. same or less than facts required for charged offense
2. differs from offense charged only insofar as a less serious injury 3. differs from charged offense only insofar as lesser MR 4. consists of an attempt to commit offense charged |
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Texas Agg MS and FM
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doesn't merge: see Lawson v State
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Texas Injury to a Child and FM
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doesn't merge: see Johnson v. State
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Lomax
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Third DWI is felony, and TX says can be predicate F for FM killing 5 yo while intox
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CL Voluntary MS
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"HoP killing"
1. unlawful (intentional) 2. homicide 3. w/o M/A (w/mit circums) ...a. adequate prov->HoP in RP ...b. D acts as result of HoP ...c. No cooling off ...d. Prov from vic & causes killing |
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CL Provocation (adequate/inadequate)
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Adequate:
1. mutual combat 2. illegal arrest 3. observe infidelity 4. Violent crim vs. relative Inadequate: 1. Words alone 2. Civil trespass 3. Intox 4. Mental disease |
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TPC HoP Killing
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19.02(d) Penalty phase
1. Murder under 19.02 2. caused death under imm infl 3. of sudden passion 4. arising from adequate cause (like CL)----->2d Felony |
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MPC Manslaughter
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210.3-1-b
1. Homicide otherwise murder 2. Under EED 3. Reas. expl/excuse for EED REASON EVAL from D's POV 1. Reas MoF allowed 2. dim cap relevant 3. deliberately vague (arouse symp in ordinary person) |
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Reckless killing at CL
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"Invol MS"
1. killing in course of unlawful act (misd) 2. killing in the course of lawful act in unlawful manner, or w/o due caution |
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Negligent killing at CL
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Invol. MS
usually not brought unless "close" to R (e.g. gross neg) |
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TPC Reckless killing
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19.04 MS (2deg felony)
1. R 2. cause death 3. HB (incl fetus) |
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TPC Negligent killing
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19.05 Crim N Hom (SJF)
1. cause death 2. HB (incl fetus) 3. by crim N |
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MPC Reckless killing
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210.3-1-a MS (2 deg F)
1. R 2. Cause death 3. HB |
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MPC Negligent killing
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210.4 Neg Hom (3deg F)
1. N 2. cause death 3. HB |
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Fetus killing at CL
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Not unless born alive and then dies
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When does death occur in homicide cases?
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Traditional: heartbeat cessation
Modern: absence of brain activity CL: year and a day later not dead, not a murder No longer: tech "advanced enough" to determine cause of death even later |
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Felled Victim theory
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at CL, successive bullets = enough time to develop premeditation
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