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Criminal Law Outline III

Criminal Law Outline III - -1 1CRIMINAL LAW I Homicide A...

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- 1 - 1 C RIMINAL L AW I. Homicide A. First Degree Murder - Common Law Definition - the unlawful, intentional killing of a human being with deliberately premeditated malice aforethought, either expressed or implied (*The intent must be specific) 1. Unlawful - unexcused and/or unjustified. If a killing is argued to be lawful, then the element most likely is going to be attacked by a claim of self defense 2. Intentional - he must have an accompanying “malicious” state of mind (intent to kill or do serious bodily injury; a depraved heart; an intent to commit a felony). Must be some conduct (affirmative act, or omission to act where there is a duty to act) on the part of the D. 3. Deadly Weapon Rule - when the defendant intentionally uses a deadly weapon directed at a vital part of the human anatomy, an intention to kill may be property inferred. Not a conclusive inference: D still allowed a chance to convince the truer of fact that in spite of his intentional use of a deadly weapon he actually did not intend to kill. 4. Transferred Intent - when a defendant intended a harmful result to a particular person, and in trying to carry out that intent, caused a similar harmful result to another person, his intent will be transferred from the intended person to the one actually harmed (1.) If the defendant intends to harm the victim and does so, but also harms an innocent bystander unintentionally, he is only guilty of the harm caused to the intended victim (the defendant’s intent has been used up) (2.) One type of social harm cannot be used to prove that the defendant caused another type of social harm (except in felony murder) a. A person intends the likely consequences of his actions 5. Human Being - a person who is born alive and is alive, or a fetus that is a viable human being (i.e.- past the second trimester). Common law used to require that the fetus be outside of the mother and the umbilical cord cut. b. Cardiopulmonary Definition of Death- a human being is dead when there is a complete and permanent stoppage of the circulation of the blood and the cessation of the animal and vital functions consequent thereon, such as respiration, pulsation, etc. c. Brain Death- an absence of brain activity 6. Deliberation - consideration of the effects of the action. It is characterized by unhurried, careful, thorough, and cool calculation and consideration of effects and consequences 7. Premeditation - planning beforehand 8. Malice Aforethought - willful and wanton disregard for human life d. Expressed- the intent to kill e. Implied- 2 and 3 below (3.) Intent to kill (4.) Intent to inflict grievous bodily injury (5.) An extremely reckless disregard for human life (a.) Reckless - when the defendant consciously disregards a substantial and unjustified risk that the material element exists or will result from his conduct (b.) Negligent - the actor should be aware of substantial and unjustifiable risk that the material element exists or will result from his conduct (c.) Reckless vs. Negligence- a reckless actor consciously disregards the risk, whereas the negligent actor’s risk taking is inadvertent.
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