Crimes 101r34ffr3g456bh5rbhr5 34h35 hen yn 35 PDF

Preview

Summary

rgrtgr4trt5b35h35 346634hg346 hy 335h35yh 35y 35yh54y h5y 3h 5hy 54yh...

Description

Crimes I.

Homicide a. Common Law Murder i. First Degree Murder 1. Specific Intent crime that requires an intent to kill a human being with malice aforethought. 2. It is an unlawful killing subject to the death penalty. 3. It must be proven beyond a reasonable doubt that the person caused the unlawful death of another and that it was willful, deliberate, premeditated and maliciously carried out. 4. First degree murder can also be felony murder as specified by statute or a killing by poison or lying in wait. ii. FELONY MURDER RULE: Defendant is liable for second degree murder if a death occurs while committing a felony. The most commonly enumerated felonies are: burglary, arson, rape, robbery, and kidnapping. [BARRK]. iii. Second Degree Murder (NO PREMEDITATION) 1. Second degree murder is a catch all category for intentional or reckless killings that do not fall within a statute’s definition of first degree murder. 2. Second degree murder lacks premeditation and is not deliberate. 3. Second degree murder is any intentional (purposeful or knowingly) killing other than first degree murder or voluntary manslaughter (a purposeful killing done while unreasonably in the heat of passion). 4. Intentionally (purposeful or knowingly) causing serious bodily injury but where death, thought never intended, results; or 5. Felony Murder (if not raised to first degree by statute); or 6. Depraved heart murder: a special kind of extreme reckless killing that exhibits indifference to the value of human life. iv. Voluntary Manslaughter 1. Voluntary Manslaughter is a killing that would otherwise be murder but is mitigated to manslaughter because the act was done after being reasonably provoked into a sudden heat of passion without cooling off and a reasonable person would not have cooled off. a. Elements i. The mental state for voluntary manslaughter is that would ordinarily qualify as murder. ii. Adequate provocation into heat of passion iii. A reasonable person would have been provoked iv. The defendant did not cool off by time of killing v. A reasonable person would not have cooled off v. Involuntary Manslaughter

1. Involuntary manslaughter is an unintentional killing with culpable or criminal negligence which is a gross departure from ordinary standard of care. 2. It is the unlawful killing of another human being without malice aforethought. 3. Involuntary manslaughter is a reckless killing (provided that it is not of the special type of recklessness that elevates the crime to depraved heart murder); in other jurisdictions a criminally negligent killing; and, in still other jurisdictions, a killing done with ordinary tort negligence. Standard: person in the def’s situation under the circumstances as he believes them to be. 4. Misdemeanor manslaughter is a killing that occurs during the commission of an unlawful act not amounting to a felony (a misdemeanor). Speeding. 5. Imperfect self defense: a mistaken belief to the right of selfdefense b. MPC Homicide i. MPC 210.1 Homicide: a person is guilty of criminal homicide if he purposely or knowingly, recklessly or negligently causes the death of another human being. 1. Criminal Homicide under MPC is murder, manslaughter, or negligent homicide. ii. MPC 210.2 Murder: A person is guilty of murder when the acted is committed purposely or knowingly; or recklessly under circumstances manifesting extreme indifference iii. Manslaughter

Under CL o Uncommunicated Solicitations: The jurisdictions are split on whether solicitation may be based on an uncommunicated solicitation However, Under the Model Penal Code, solicitation may be based on an uncommunicated solicitation. Communication is not required...