Criminal Law Review

9/26/2011 2:56:00 PM

Homicide 1st degree v. 2nd degree Without provocation- if provocation then is has to be one crime Voluntary manslaughter y Intend to commit serious bodily injury Involuntary manslaughter y No intent but from negligence Depraved heart- so reckless the person doesnt even care Malice is implied - don't ask the result because someone always dies, you have to ask what was the foresee ability of the act What is the foresee ability FELONY MURDER RULE: death from a course of an inherently dangerous felony y Applies to 5 felonies y Two things to remember o Red line rule: death of co-felon then justifiable homicide if killed by victim or someone coming to the aide of the victim y Felony murder two things in oneo 1st felony is going to a have a reason for the felony  Steal is the reason People dont usually die from stealing Look at intent for both felonys the intent for the underline felony is the same Arson- malicious burning of a dwellings y Shoot in the shoulder is not a felony murder y Some destruction of the fiber which the dwelling house is built y Not be committed in any negligent form y Discoloration will not due y destruction of the fiber which dwelling is built Assault and battery y Assault intent to commit a battery

y y

Placing in fear of an apprehension Rape in common law is only man rape women o Consent is always subject to be o kidnapping secret confining against their will

Burglary y Breaking (IN) during the night time at the dwelling house of another y Intent to commit a larceny therein or a felony therein y has to be attached y

9/26/2011 2:56:00 PM

9/26/2011 2:56:00 PM