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Crim Law Study Sheet

Crim Law Study Sheet - 1CRIMINAL LAW STUDY SHEET 1 2 3 4...

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1 CRIMINAL LAW STUDY SHEET PreMeditated Murder 1. Unlawful killing (not privileged) 2. Intent (Specific) 3. Malice 4. Premeditation & Deliberation Murder (aka 2 nd Degree Murder) 1. Unlawful killing 2. Intent (General) 3. Malice Voluntary Manslaughter 1. Unlawful killing 2. Intent (General) 3. Heat of Passion (fear, anger or other extreme emotional distress) Specific Intent Intent to accomplish a certain wrongful result thru a specific act: Intoxication and Mistake a defense General Intent Intent to do the prohibited act (not necessarily intended the actual results of his act but knew w/substantial certainty social harm w'd occur) Malice 1. Intent to kill 2. Intent to inflict grievous bodily injury 3. Extremely reckless disregard (Wilful, wanton disregard for human life) Relevant Specific Intent Crimes P remeditated murder L arceny (all types) E mbezzlement A ssault S olicitation Premediated Thinking in Advance Deliberated Weighing and examining the reasons Cool state of mind Adequate Provocation 1. Must be adequate provocation (words alone are never enough) 2. Killing must be in the heat of passion 3. Must have been in the sudden HOP 4. Causal connection between the provocation, the passion and fatal act. *Conduct which is sufficient to excite intense passion in a reasonable person in the D’s situation, other than an intoxicated person. This is an objective test, not subjective. Actus Reus (guilty act) 1. Affirmative act, or 2. Omission of an act by D Mens Rea (guilty mind) 1. The state of mind, or 2. Intent of D at the time of his act Self-Defense 1. Belief Must be reasonable of 2. Imminent death or great harm 3. In light of surrounding circumstances Causation: Must have 1. Cause-in Fact (but for) 2. Proximate Cause (natural and probable consequences of D's conduct) During exam: Better to say not enough facts to determine (rather than infer facts not there) thus can’t find guilty of any crime causation problem!! Intervening Acts Will shield D from liability if the act is a mere coincidence or outside the foreseeable sphere of risk created by D's act. (Act of nature-NG, Act by 3 rd party-G; Acts by the Victim-G) Rights of Aggressor Generally no right to force but can regain right us use S/D: 1. Withdrawal (in GF and tells V) 2. Sudden Escalation (V escalates minor fight into deadly force) Involuntary Manslaughter (aka criminally negligent) 1. Unintentional killing 2. Resulting from breach of duty or omission 3. Owed to the V by D 4. Sh'd have know of the risk When Liable for Omission of Duty 1. Legal Duty to Act 2.
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