Card Set Information

2011-11-21 12:02:13

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  1. Elements of defense to manslaughter
    • -Adequate provocation
    • -State of passion and suddeness
    • -causal Connection
  2. Modern trend for evaluating Adequate Provacation
    - Issue now left to jury to decide whether provocation would render ordinary person liable to act rashly.

    -consider defendants characteristics in measuring gravity of the provocation but not to measure level of self control to be expected.
  3. State of passion and suddeness
    Applies to adequate provocation

    -defendant must kill while in state of passion

    -must not have had reasonable opportunity to cool off
  4. Causal Connnection
    Applies to adequate provocation

    -casual link between provocation, passion, death must be proved
  5. Define: voluntary manslaughter
    as unlawful killing not from malice bt from sudden passion induced by reasonable provocation, sudden combat, or excessive force in self defense.
  6. Imperfect Defense
    • - mitigate murder to voluntary manslaughter
    • -
  7. self defense elements
    - If the person is not the agresser

    -She reasonbly believes such force is necessary to repel the imminent use of unlawful deadly force by another person.
  8. Fact:

    •Defendant can rais self defense and imperfect self defense at same time
  9. What degree of murder would depraved heart murder qualify as...
    Second Degree
  10. How does the MPC qualify Depraved Heart Murder
    •reckless murder committed under circumstances manifesting extreme indifference to the value of human life
  11. Common law felony murder rule
    A person is guilty of murder is shekills another even accidentally during commission or attempted commission
  12. What are the two ways to look at inherently dangerous felony limitation?
    -Look at the definition of the felony in the penal code.

    -Look at the circumstances of a case. Facts
  13. MPC felony murder rule (210.2)
  14. Under the MPC` a reckless killing is:
  15. Involuntary Manslaughter
    A person who kills another person in criminally negligent manner
  16. Depraved heart
    extreme Recklessness

    (subjective standard-- Realized the risk)
  17. Criminally negligent
    • Gross negligence
    • (objective standard)
  18. under the mpc manslaughter can happen in 2 ways
    • 1) homicide commited recklessly = manslaughter
    • 2)
  19. Common law definition of voluntary act

    Definition of willed
    a willed muscular contraction or bodily movement by the actor.

    • - if bodily movement was controlled by mind of actor
    • -unwilled
    • acts = epileptic seizure, controlled by brain, but not by mind
  20. Possession

    Penal codes define possession as occurring if possessor knowingly procures item or fails to dispossess himself of it after made aware of its presence.
  21. MPC Possession
    • (1) voluntarily takes control
    • of item (voluntary act) or

    (2) receives item and was aware of his control of item for sufficient time to get rid of item.

    (omission -- failure to meet duty to get rid of item)
  22. FACT

    A person is not guilty of crime for
    failure to act even if failure permits harm to occur to another even if person
    could've acted at no risk to self.

    Unless there is a special duty to another
  23. What are status relationships that require a duty to act?
    • Parent-child,
    • Spousal,
    • Employer-employee,
    • Landlord-tenant
    • Common carriers-passengers
    • Contractual Duty
    • Voluntary assumption of duty
  24. What are the predicates to a duty to act.
    • -Must be aware of need to act or be
    • reckless or negligent regarding need to act.

    • -™Must have the physical ability to
    • perform required duty
  25. Felony Child Abuse
    "knowingly exposing a child to a substantial risk of injury or neglect which does result in such injury."
  26. Do strict liability offenses eliminate necessity for prosecution to prove a mens rea?
  27. Common Law Transferred Intent
    Person acts intentionally if result of conduct differs from that which she desired only with respect to identity of victim.
  28. What are the 4 Mens Rea terms under the MPC
    • Purposely
    • Knowingly
    • Recklessly
    • Negligently
  29. MPC Purposely
    If element involves nature of conduct or result, must be conscious object to engage in conduct of nature or to cause result
  30. MPC Knowingly
    A person knowingly causes a result if she is aware the result is practically certain to result from her conduct.
  31. MPC Recklessly
    - Person acts recklessly if consciously disregards substantial and unjustifiable risk that the material element exists or will result from conduct

    • -Gross deviation from standard of conduct
    • of law-abiding person in actor's situation

    • - Conscious disregard Actor must be aware she is taking substantial and unjustifiable risk.
    • Subjective element
  32. MPC Negligently
    Person acts negligently when he should be aware of substantial and unjustifiable risk that the material element exists or will result from conduct.

    • - gross deviation from standard of care of
    • reasonable person in actor's situation

    -Not aware of risk, but should be. Standard of reasonable person instead of law-abiding person
  33. FACT

    -In the MPC, If only one mens rea element is set out in definition of offense, mens rea term applies to every material element of offense, unless contrary legislative intent.
    • MPC defines crime of false imprisonment, as: "knowingly restraining another so
    • as to interfere substantially with his liberty." material element = 1) restraining another, 2) substantially interfering with another's liberty.
    • Prosecutor must prove defendant knowingly restrained victim and knowingly interfered substantially with victim's liberty
  34. What are the two types of battery
    • Offensive Touching Battery
    • Bodily Injury Battery
  35. Common law definito of a voluntary cat
    • Voluntary act : a willed muscular contraction or bodily movement by the actor
    • Willed If bodily movement was controlled by mind of actor.
  36. What are some types of unwilled actions
    Epileptic seizure: its controlled by brain but not by mind
  37. MPC example of non-voluntary acts
    • 1) Reflex during convuilsion
    • 2) Bodily movemment during unconsciousness or sleep
    • 3) Conduct during hypnosis
  38. Common law duty to act "commission by omission"
    • Status relationship
    • contractual obligation (express or implied)
    • Creation of risk
    • voluntary assistance <---- common law

    • statutory duty
    • -stop car at accident
    • -bad samaritan laws