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10 Cards in this Set
- Front
- Back
Common Law Murder: Unlawful killing w/ MALICE AFORETHOUGHT (1 of 4 states of mind):
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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 |
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Felony Murder
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= 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 |
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Felony Murder - Defenses:
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- 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. |
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Voluntary Manslaughter
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(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. |
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Imperfect Claim of Self-Defense
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(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. |
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Involuntary Manslaughter
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(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. |
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Kidnapping
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Some movement of V or if V not moved, sufficient if D concealed in a "secret" place.
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Arson
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Elements:
- Malicious - burning - of a dwelling house of ANOTHER - damage to structure from fire (charring due to fire damage) |
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General Intent Crimes:
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Rape, statutory rape, battery, assault
Defense: reasonable mistakes only |
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Transferred Intent
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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).
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