Term
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Definition
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Term
| Omission/Commission Crimes |
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Definition
Omission-Statutory created Duty
Commission-Relationship(parent), Contractual, Voluntary Assumption(begin rescue) |
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Term
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Definition
| Implied MR for knowingly, D knew there was a risk but purposely didn't investigate. |
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Term
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Definition
Intent
Knowingly
Recklessly
Negligently |
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Term
| Heat of Passion vs. Extreme Emotional Disturbance |
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Definition
Both reduce intentional murder to manslaughter; Differences: (MPC)
Broader
More subjective(through Rx person in D's eyes)
Does not require sudden quarrel or reaction but substitutes long-term brooding |
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Term
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Definition
Killing of a person with malice aforethought, which is found by:
Intent to kill
Intent to inflict serious bodily injury
Wanton or reckless disregard for value of human life(depraved heart)
intent to commit felony
WITHOUT provocation |
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Term
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Definition
Common Law-Any death or certain deaths in commission of felony are murder- most states retain in some form
MPC- Rejected but allows for presumption of recklessness for certain felonies |
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Term
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Definition
purposely, knowlingly, recklessly(depraved heart)
No malice aforethought
No degrees |
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Term
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Definition
Voluntary Homicide-but downgraded due to provocation("heat of passion")
Involuntary-Reckless(lesser degree), negligent, or maybe misdemeanor |
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Term
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Definition
C/L-"heat of passion"
No time to cool off
Words alone not enough
MPC-"intense emotional disturbance"
broader meaning
more subjective (Rx person in post.)
no cooling time, allows for brooding |
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Term
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Definition
Broader Provocation "intense emotional disturbance"
No voluntary/involuntary distinction
No negligence, bc MPC has separate negligent homicide |
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Term
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Definition
C/L - Fetus must be born alive/one breath for liability
Some expansion to whether fetus is viable(can live outside womb) |
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Term
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Definition
Now: Cessation of all brain functions
Past: Cessation of heart and respiratory functions |
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Term
| 3rd Party Liable for Homicide if: |
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Definition
Had a duty to stop it
or helped create the circumstances.
But in genuine suicide pact might be held to aiding and abetting(esp. MPC) |
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Term
| Building Blocks of insanity |
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Definition
Cognitive incapacity- can't understand the result/gravity of actions
Moral-Dont know the act is wrong
VOlitional- Regardless of what you think cannot control or stop yourself
Product |
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Term
| McNaughton Test (insanity) |
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Definition
| No responsibility if D's disease of mind caused volitional incapacity(don't know result/gravity) OR moral incapacity(didnt know it was wrong) |
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Term
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Definition
| Mental disease/defect and lacks substantial certainty either to appreciate wrongfulness(moral) OR to conform conduct to law (volitional) |
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Term
| points where mental illness relevant |
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Definition
Must be competent to stand trial, will put in institution until ready
Sentencing- must be sane at time of execution
Time of act- use as defense if insane at time of crime |
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Term
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Definition
| Asserts insanity as failure of proof of MR as opposed to traditional- total defense |
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Term
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Definition
| Yes I did it but I have an excuse why- Duress, Compulsion, Coercion. |
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Term
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Definition
| Crime was a PRODUCT of mental disease/defect- outdated |
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Term
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Definition
| Institutionalized until his mental health rebounds, then serve remainder of sentence |
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Term
| Affirmative Defenses: Justification |
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Definition
| act was not wrong under the circumstances. |
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Term
| Affirmative Defenses: Excuses |
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Definition
| Actor was not blameworthy under the circumstances |
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Term
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Definition
Can be acquitted of anything except murder if other person threatened to use deadly force against actor or other person unless crime committed.Conditions
must not have exposed self to threat
Deadly force, present and imminent
must have reasonable belief it could
be carried out. |
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Term
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Definition
Excuses crime if person was coerced by threat to use physical force against him or another
unless person recklessly put himself
in the situation
no imminency required
doesn't have to be deadly
person of reasonable firmness would
have committed
can be used for homicide |
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Term
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Definition
a. The intervener would be justified in using such force herself if the facts were as she believed them to be
b. If the facts were as the intervener believed them, the third party would be justified in using force
c. The intervener believes force is necessary to protect the third person.
d. If the third person would be required to retreat the intervener has a duty to retreat |
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Term
| C/L self defense elements |
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Definition
Can use force when:
Reasonable Belief
That use of force is necessary
To defend self(or 3rd party)
against agressors imminent use of unlawful force |
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Term
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Definition
| Generally not a defense for assault or battery in common law- no mentally competent person would consent, and its about People v. Def., general interest not to have people beating people up |
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Term
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Definition
Choice of evils, choose lesser evil
acted to prevent imminent harm
reasonably anticipated direct causal relationship of harm to be averted
No alternatives to violating law |
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Term
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Definition
Objective approach
employed methods of persuasion or inducement which created a substantial risk that the offense would be committed by persons other than those who are already ready to commit it. Look at gov. actions and see if they would have convinced regular person to commit crime |
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Term
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Definition
i. Predisposition to commit the crime prior to committing crime
ii. If police conduct is not what caused the person to commit crime or defendant was predisposed to commit the crime before police interaction then not entrapment
1. Focuses on mens rea prior to crime, gov must prove predisposition |
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Term
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Definition
1. actor does all necessary to commit but is somehow unsuccesful
2. has passed beyond preparation although it has been interrupted before taking last acts |
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Term
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Definition
| Act Recklessly but do not harm anyone |
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Term
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Definition
recklessly=wanton
negligently= reckless |
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Term
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Definition
i. Intent to commit substantive crime
ii. Commands, encourages or requests another to join him in commission of crime |
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