Wendy's Crim Law Outline - Conklin

Wendy's Crim Law Outline - Conklin - WENDYS CRIM LAW...

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WENDY’S CRIM LAW OUTLINE p 1 of 5 Homicide Offense Against the Person Offenses Against Habitation Offenses Against Property Inchoate Crimes Accomplice/Accessory Liability Criminal Capacity and Responsibility Justification Defenses Exculpatory Defenses INTENT TYPES S PECIFIC - the intent to accomplish the result of the act [malice aforethought] (eg: murder, where death is the result of the act) The intent to commit [any crime including a general intent crime] is a specific intent crime. G ENERAL - the intent to commit the act [ actus reus ] (eg: the act of rape) HOMICIDE ON TEST: DISCUSS DEGREES OF INTENT, MALICE, NEGLIGENCE INTENT E XPRESS / D IRECT - actor definitely intended to kill (for murder: express intent=direct intent=specific intent) I MPLIED - actor voluntary intended to harm and victim dies from the harm implied intent. I N T E N T M A L I C E 1st Degree Murder • P&D (premeditation and deliberation) (express malice aforethought ) • 1st Degree Felony Murder (intent to commit the underlying felony & the law automatically presumes malice ) • Specified Act/Specified Means (not a felony) (the law automatically presumes both malice and intent-to-kill ) 2d Degree Murder • all other murders (so P&D not req’d) (express or presumed implied malice through an act IDtHL) Voluntary (VMS) • voluntary (intentional) killing where “heat of passion”/ “imperfect self-defense” removes malice (intent to commit the physical act provides general intent , lack of specific intent is overcome by emotion) Involuntary (IMS) • involuntarily killing without either malice aforethought or specific intent-to-kill MURDER VMS “heat of passion” imperfect self-defense IMS perfect self-defense reckless negligence ACCIDENT/NEGLIGENCE gross vehicular MS (=CNH=NH) not a crime simple vehicular MS “not a risk of harm, but a knowing the harm will happen if the action is taken” “conscious disregard of the risk” “aware or should- have-been-aware of the risk” killing someone with a vehicle and no alcohol involved CA §187 Murder is the unlawful killing of a human being or a fetus with malice aforethought §188 Express malice is the manifestation of a deliberate intention unlawfully to take away the life of a fellow creature . Implied malice is when there is no considerable apparent provocation, or when the circumstances attending the killing show an abandoned and malignant heart. When an intentional killing is committed with either malice, no other mental state need be shown for malice aforethought. §189 First Degree - Killing using a destructive device or explosive, WMD, armor-piercing, poison, lying in wait, torture, or any other willful, deliberate, and premeditated killing during or while attempting: arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train-wrecking, etc, or drive-bys.
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