Outline Crim Law - CRIMINAL LAW OUTLINE CORPUS DELICTI...

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CRIMINAL LAW OUTLINE CORPUS DELICTI RULE : 1. Death or injury occurred as a result of the 2. The criminal agency of another 3. There is evidence of the criminal agency / identity 4. Misc. No body required, Circumstantial Evidence okay. HOMICIDE : The unlawful killing of one human being by another human being. MALICE AFORETHOUGHT Is an people endangering state of mind that can be shown in four (4) different ways: 1. Express Malice 2. Implied Malice 3. Willful and Reckless MURDER : A homicide committed with MALICE aforethought. MALICE AFORETHOUGHT: Definition: A people endangering state of mind, shown in one of four ways. 1. Express Intent to Kill a. “I am going to blow you into next Tuesday” 2. Intent to do great bodily harm a. A person is guilty of murder if the death resulted from an act intended to cause great bodily harm (The unintended result is sufficiently within the scope of the risk intentionally created by the accused). b. If the victim survives he will not be guilty of attempted murder because that requires specific intent (Attempt is a specific intent crime). 3. Wanton and Willful Disregard of Unreasonable Human Risk a. Wanton and willful disregard of an unreasonable human risk. 1
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b. An act that involves a high degree or probability that it will result in death. c. A gross deviation from a reasonable standard of care Example: Shooting into a train or dwelling, motorists who attempts to pass another car on a blind curve. 5. Felony Murder Rule Definition:When a death occurs during the commission or attempted commission of one of the enumerated felonies, malice is supplied. Must be an inherently dangerous felony / two approaches in determining INHERENTLY DANGEROUS FELONIES: Abstract look at the elements of the felony itself and ask if it can be committed without the high probability someone will be killed. Facts – look at the facts and the manner in which the felony was committed. I. BURGLARY The breaking and entering into the dwelling house of another with the intent to commit a felony or petit larceny therein. Death which occurs during escape are still covered under the felony murder rule as long as the felon has not reached a point of temporary safety. II. ARSON The malicious dwelling of the dwelling house of another. Example: If a fireman is killed attempting to extinguish a fire, the felony murder rule applies. III. RAPE The carnal knowledge of a …. IV. MAYHEM 2
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MERGER < Murder / Assault is not an independent felony Ask can the felony be committed in a nonviolent manner. FIRST DEGREE MURDER: Deliberate and premeditated homicide. All murder perpetrated by means of : (1) Poison (2) Lying in wait (3) Torture (4) Train Wrecks (5) Bombing (6) Specific Intent to Kill (7) Felony Murder SECOND DEGREE MURDER: The unlawful killing of another person without deliberation and premeditation. MANSLAUGHTER
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Outline Crim Law - CRIMINAL LAW OUTLINE CORPUS DELICTI...

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