HOMICIDE MURDER

FIRST DEGREE MURDER SECOND DEGREE MURDER

MANSLAUGHTER
VOLUNTARY MANSLAUGHTER INVOLUNTARY MANSLAUGHTER

1. Defendant caused the death of 1. Defendant caused the death of 1. Defendant caused the death of 1. Defendant caused the death of another human being with another human being with another human being with another human unintentionally  Defendant’s act must be the  Defendant’s act must be the  Defendant’s act must be the  Defendant’s act must be the sole sole or but for proximate sole or but for proximate sole or but for proximate cause or but for proximate cause of the cause of the dead cause of the dead of the dead dead  The victim must be born and  The victim must be born and  The victim must be born and  The victim must be born and alive alive at the time of the act alive at the time of the act alive at the time of the act at the time of the act 2. Deliberation and Premeditation 2. Intent to do great or serious 2. Intent and adequate 2. Criminal Negligence requiring bodily injury Provocation, requiring “reckless disregard” or “gross  Deliberation implies a cool (i) Legally adequate provocation negligence” mind that is capable of  can be inferred from the (sexual intercourse of the  Conduct that under the reflection. Premeditation is weapon used (i.e. shooting spouse, attempted battery, when a person with a cool person in leg to break his leg, circumstances involves a high mutual combat, unlawful arrest mind in fact reflects, at least but he dies is still murder). degree of risk of death or serious with excessive force). a short period of time, before OR. Willful and Wanton disregard injury. (ii) In the heat of passion the act of killing. of an unreasonable risk of  EXAMPLES: D with frequent (inflame the passion of a harm (Depraved Heart)  EXAMPLES: extremely seizures while driving suffers a reasonable person and to cause  Reckless conduct must cruel means – i.e., poison, seizure and kills; Parent fails to her to act from passion rather torture, or lying in wait. involve a substantial degree seek medical treatment for child; than reason; was person in fact OR Intent to commit a Felony of risk to human life, intoxicated driver; owner of provoked; and no cooling off overcrowded nightclub where fire  A death occurs during the  that a reasonable person period), and occurs. commission or attempted would have realized the risk. (iii) Causal connection between OR. Misdemeanor Manslaughter commission of an inherently  EXAMPLES: Destroying provocation, passion and the  A killing occurs during the dangerous felony (Mayhem, property by explosion yet fatal act (So provocation  Rape, Sodomy, Burglary, commission or attempted realizing a great risk someone heat of passion  the act Arson, Kidnapping, Escape, commission of an unlawful act. might be killed; firing a pistol which causes the death. Robbery) which is the  EXAMPLES: Simple assault and into a moving train, firing a OR. Other forms Voluntary Mans. proximate cause of death. gun into an inhabited house, battery. Anything evidencing a  Imperfect use of self-defense,  Felon MUST be convicted Russian roulette reckless disregard for human life defense of others, or right to underlying felony to be short of depraved heart and not a arrest; Defense of duress or convicted of felony murder dangerous felony. necessity; Diminished mental  EX: If Felon, Co-Felon, capacity; possibly assisted Victim, or Police kills a third suicide. party = Felony Murder.

i. Sexual Intercourse (simple penetration)  General criminal intent req.  No pain or bodily injury threat of death or injury). Unlawful (not unlawful is prevent from going somewhere. Nonconsensual (Consent is valid where it is freely given. or attached to the victim. Other types  Aggravated Assault: Assault with a deadly weapon or assault with intent to rape or maim. rape is committed despite her consent. or go where he does not want to go). woman. persuasion. intending to hit him but misses)  “Fear of Harm” Type: Defendant must (1) intend to cause apprehension in the victim and that apprehension must exist. intoxication. or enticement.  Can be directly to body of victim (*MBE* – Male to female) or something closed to. there are two types:  “Attempted-Battery” Type: Where defendant takes substantial step toward commission of a battery (i.  Mayhem: Dismemberment or disablement of a body part (aggravated battery).e. *MI* . is not kidnapping unless the confinement or movement increases the risk of harm to the victim. *MI* .  Felonious Assault: Assault with a deadly weapon but intent is less than to kill or commit great bodily harm.e. defendant knows victim is mentally incapacitated.reasonable apprehension of an immediate battery. BATTERY RAPE KIDNAPPING 1. *MI* Criminal Sexual Conduct. in which anything of value is demanded. mental. just the slightest touching will suffice. . carried Statutory Rape: Female is under the by. Confinement (when a person is either required by force or threat of force to stay where he does not want. Kidnapping for Ransom: more serious degree. (consent of child is immaterial). unlawful (performed by a male another or to an extension of the who is not husband of victim) person 2.OTHER CRIMES AGAINST PERSONS ASSAULT At common law. 5. so long as he is not required to stay) 3. Asportation or Secrecy (victim is transported against her will or intent to secretly confine the victim. or the victim is 16 to 18 years old and defendant is teacher. still ransom. Child Abduction: Kidnapping of a child by force. (mere words are not enough without an overt act to carry it out). Even if victim is released without payment. Without consent (against  No battery where there is consent victims will – so no consent if or justification fraud. Intentional or negligent unlawful General Intent to commit application of force to the person of 1. age of consent. AND (2) victim must be aware of the threat of harm. victim is related to the accused by blood. 3. or fraud) 4. (ii) battery resulting in serious bodily injury. (iii) battery of a child. Statutory Rape:  First Degree CSC is sexual penetration with a victim under 13 y/o and an actor more than 36 months older  Third Degree CSC is sexual penetration with: a victim 13 to 18 years old. Note: Victims of a crime.Unlawful touching  Aggravated Battery: (i) battery with a deadly weapon. Intentional 2. necessary. threats. robbery and rape. or police officer. without being under any physical or mental disability or subjected to coercion. throwing a rock at another.

If there is a fight for the bag. gestures. false pretenses. then the force must be more than the amount necessary to effectuate the taking and carrying away. he has the necessary intent. Fraudulently convert  Seriously interfere with the owner’s right to the property by using it for a long time. observe. Carrying away of  This can be satisfied by the slightest movement. 3. Tangible personal property of value of another. By one in lawful possession to 3. Trespassory Taking and  Trespassory means it must be against a person in “possession” and it must be wrongful  Taking means defendant must obtain possession (or exercise control). **Merges with Robbery** **Lesser-included offense of robbery** . 2. (iii) suspects their stolen and fails to investigate 4. from the Superior possessory interest of another 5.e. or unreasonably withholding it. From a Person  The question is whether the goods are within the victim’s ability to reach. w/o a fight then NO robbery. 3. or control. 1. directing the disposition of the goods or acting as a broker in selling them) 2. with Specific intent to deprive him of it permanently. Extortion: the use of threat of future injury to a person or harm to property to obtain or attempt to obtain the property of another. a purse snatcher takes bag by surprise. 4. and burglary). Larceny 2.  The intent must be at the time he receives the property.e. (Look to intent at the time of the taking. damaging it. (Stolen goods by larceny. not after it has been taken) 1. (ii) believes them to be stolen. The Receiving of  Physical possession or  control over the property (i. By Force or Intimidation of immediate harm. robbery. (i. embezzlement. inspect.  Force or Intimidation must be for immediate harm (future threats of harm is extortion or blackmail). Stolen Goods  Property received must actually be stolen. 3. with Intent to deprive the owner  If received in order to destroy or sell. (Defendant has lawful possession) RECEIVING STOLEN GOODS 1. Specific Intent 2. despite what the receiver believes. or actions which will create an apprehension of danger so that a person will party with his property against his will. selling it. the Knowledge that it was stolen  test of knowledge is subjective  Receiver has knowledge if: (i) he knows its stolen.  If actual force.LARCENY (Defendant has custody) CRIMES AGAINST PROPERTY EMBEZZLEMENT ROBBERY 1.  Intimidation sufficient for robbery is the degree of force by words. Tangible personal property of value 4. there’s a robbery).

False Representations of a 1. Entering  Any part of the defendant’s body that crosses into the dwelling through the opening achieved by the breaking. or  an act done under such circumstances that there is obviously a plain and strong likelihood of such a burning (i. Intent to defraud  Defendant knows the representation is false or makes representation without knowledge as to its truth or falsity. Dwelling (or within the curtilage)  the place of one’s residence  there is no need for anyone to present at the time of the burning  Curtilage is a space which is enclosed or could be enclosed (i. determines whose house a building is for purposes of arson. or that it affects a legal right. Obtain title of personal property of another with  Victim must pass title to the property to the defendant. Therefore it is sufficient if the particular victim was in fact deceived. of Another  Possession or occupancy. 5. fraud. can occur at any time). 2. with the Intent to Commit a Felony. such  Can be by words.  It must be about a present or 3. 2. 4. conduct. the Dwelling of Another  A place where one sleeps  A place of business will not be a dwelling unless the owner sleeps there regularly or it is attached to a residence. NOT title. Breaking and  Creating or enlarging an opening by any amount of force.e.  at time of B/E. burn personal property and spreads to another’s home). 3. or threat 2. defendant intends to commit a felony (not a misdemeanor) that is causally connected with B/E. past fact. devices. Burning of the  It must touch the structure itself. employed with 2. Intent to defraud. CL – Malicious Mischief (Misdemeanor): Malicious destruction of. grounds and buildings surrounding the dwelling). ARSON 1. 4. intending never to sleep there again. 1.  No longer a dwelling if last dweller permanently abandons it. the property of another. Material Fact (Past or Present)  Not merely false statements. Making or altering a  Representation must be false  Must be a material alteration of an existing document. in the Night Time  Insufficient natural day light to see burglar. with Reliance by the victim to  Test of reliance is subjective. Malicious  Intent to burn the dwelling. False writing with intent to deceive. or damage to. 4.CRIMES AGAINST PROPERTY AND HABITATION FALSE PRETENSES FORGERY BURGLARY 1.  The slightest ignition will suffice  Does NOT need to be extensive nor destroy the building. 5.e.  actual felony need not actually occur. The writing must represent  Mere expression of opinion itself to be something that it is or belief is not enough not. 3. . *MI* Home Invasion: Burglary minus the night time requirement (therefore. NOT future (so predictions are not enough) 3.

VAILD defense  Legal Impossibility is a VALID defense  If defendant has progressed to perpetration. the apparent ability to complete the crime Defense of Impossibility:  Factual impossibility is NOT a defense  Inherent impossibility is where defendant intends to commit a crime. 3. an intent to achieve the objective of the agreement. Termination: a conspiracy continues until its objectives are fulfilled or until it is abandoned. and 4. coupled with an intention to commit that crime. but not solicitation. but chooses means obviously incapable of bringing about the criminal act. 2. the attempt and the crime merge. an agreement between two or more persons. CONSPIRACY (No merger) Conspiracy is 1. then conspiracy has been formed and the crime of solicitation merges into conspiracy. 1. entices. an intent to enter into an agreement. incites. o No defense b/c conspiracy is at time of the agreement but not guilty of substantive crime Crimes and Declarations of one conspirator attributed to the others .INCHOATE CRIMES ATTEMPT An attempt is 1. *MI* an overt-act in furtherance of the conspiracy Wharton Rule: There can be no conviction for conspiracy if the only parties to the agreement are those absolutely necessary to commit the substantive offense. Impossibility is NO DEFENSE to conspiracy. If the solicitor would not be guilty of the crime if it were accomplished. Merger  If the person solicited agrees to commit the crime. 3. then the one remaining must be acquitted as a matter of law.  substantial test requires conduct that goes beyond preparation to commit the crime. Acquittal of All but one: If all other coconspirators are acquitted. orders or otherwise encourages that person to commit a crime. with the intent that another person commit a crime. a substantial step in the direction of committing a crime. *Merger: If successful in attempt and commits the crime.  Criminal conspiracy usually ends when the crime is successfully completed. 2. before attempt stage has been reached. she cannot be convicted of solicitation.  must agree to accomplish same objective. 2. the crime of attempt is committed and abandonment is NO defense. and the acts are criminal is all the intent needed. advices.  The person who successfully solicited the commission of a crime would be guilty of the substantive crime. SOLICITATION Solicitation occurs when the defendant.  Abandonment is presumed if no party to the conspiracy has don an over act in furtherance  Withdrawal: must do affirmative act to notify all co-conspirators. and  Only needs to intend to perform the act. there is no separate crime of attempt.

Principal in the Second Degree: One who is actually or constructively present at the scene of a felony and aided and abetted its commission. Knowledge of the actual commission of the crime iii. ii. . Requirements for Withdrawal: a party can withdraw as an accessory before the fact. a. ii. counsels. with the intent that the crime be committed. or punishment. Examples: Concealing the felon. and iii. conviction. she i. in every crime. communicate that withdrawal to the principal and ii.PARTIES TO A CRIME 1. aiding her in making her escape. Requirements i. The accessory must have given aid to the felon personally for the purpose of hindering the felon’s apprehension. but is not present at the time of perpetration. b. The receipt of some consideration. destroying or altering evidence. but to avoid liability for the substantive crime. There MUST be a principal in the first. 2. A completed felony must have been committed. The perpetrator (Principal in the First Degree): the person who performs the criminal act with the requisite intent. or giving false information in order to divert the police away from felon. (Punished to the same extent as a perpetrator). Merely failure to report a felony or arrest a felon is not sufficient. Accessory After the Fact: Common law. Requirements i. or stood ready to aid or abet its commission. Two or more persons can be perpetrators of the same crime. attempt to thwart the commission of the substantive crime. either personally or through an innocent agent. Compounding: This crime occurs when one receives some property or other consideration in return for agreement not to prosecute or inform on one who has committed the crime. 4. or encourages the commission of a felony. only applied to felonies a. a. The accessory must have known of the commission of the felony. 3. An agreement. Accessory Before the Fact: One who aids. a.

EFFECTUATE ARREST During lawful arrest. that use of force is necessary to avoid this danger. and particular conduct. Deadly Force: action that is either intended or likely to cause death.e. NECESSITY Where defendant reasonably believes that the conduct was necessary to avoid some harm to society that would exceed the harm caused by the conduct. health. he must avail himself of it. DEFENSE OF DWELLING An individual has greater latitude in defense of one’s dwelling (home) than in the defense of other property. and (ii) the danger must be immediate. Defendant must (i) reasonably believe he is in danger of death or great bodily injury and that it is necessary to use deadly force to prevent it. No Self-Defense for: Aggressor or one committing felony. Use of Deadly force is limited to the prevention of dangerous felonies and must appear to be reasonably necessary to prevent it. execution of death sentence. are innocent homicides). or (ii) to prevent a burglary where the burglar intends to kill or inflict serious bodily harm on a person on the premises. CRIME PREVENTION One who reasonably believes that a crime is being committed or is about to commence in his presence. If a third alternative is available. the force must be reasonable in light of the child’s age. . DOMESTIC AUTHORITY A parent of a minor child is justified in using reasonable force to discipline the child. honestly and reasonably believes that the other is in immediate danger of unlawful bodily harm from his assailant. However. DEFENSE OF OTHERS One is justified in using reasonable force in defense of another person when he 1. and 2. PUBLIC AUTHORITY (i. Force is justified under the rules of self-defense. DEFENSE OF OTHER PROPERTY Defender can use reasonable non-deadly force (if necessary)  to prevent the unlawful trespass to or the carrying away of her personal property and  to prevent the unlawful entry or trespass to her real property. Deadly force is permissible only when: (i) defender reasonably believes that trespasser intends to commit a felony or do harm to people on premises. may use reasonable force to terminate or prevent the commission of the crime.JUSTIFICATION DEFENSES SELF-DEFENSE Arises from necessity and exists only so long as and to the extent that the necessity exists. Deadly force is NEVER justified. Non-Deadly force is justified when the defendant is threatened by an assailant whom she reasonably believes is inflicting or about to inflict unlawful bodily harm. killing of an enemy during war. a police officer or private citizen is justified in using reasonable force to defend herself against one who is resisting arrest. sex.

*Not applicable to Homicide* OTHER EXCULPATORY DEFENSES MISTAKE OF FACT ENTRAPMENT Mistake of Fact is a defense when it negates the existence of a mental state essential to the crime charged. the defendant was laboring under such a defect of reason. there is no criminal liability. When defendant was not predisposed to commit crimes as this and 2. and o theft. or if he did know it. person under the age of 7 is deemed not to have criminal capacity for any offense. DURESS Not guilty if performed under 1. from the disease of the mind. Mistake of Law is NO defense to general intent or strict liability crimes. (D. that he did not know that what he was doing was wrong. DIMINISHED CAPACITY Evidenced that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind which is an element of the offense. Requires: 1. as to not know the nature and quality of the act he was doing. and 2. o May reduce first degree murder to second degree murder (no reduction to manslaughter) o *No defense if intent formed before intoxication* Involuntary: Is a complete defense to a crime if. Irresistible Impulse Test: One is not guilty by reason of insanity if it is determined that the defendant had a mental disease which kept her from controlling her conduct.  Can still be found delinquent in juvenile court. . o No defense in strict liability or public welfare offenses. o It is a defense to Specific intent Designed to prevent government “manufacture” of crime. He reasonably believes death or great bodily harm will be inflicted on him or member of immediate family if not performed.CAPACITY DEFENSES INSANITY M’Naghten Test: It must be proved that. at the time of the commission of the act. *MI* Under the age of 13/14. Threat of imminent infliction of death or great bodily harm.C. usually leads a defendant being guilty of a lesser-included offense). INFANCY *CL*. as a result of the intoxication. INTOXICATION Voluntary: It is a defense where it negates the existence of specific intent of the crime charged. the defendant does not know the nature and quality of his act or that it is wrong. were police so reprehensible under circumstances? CONSENT Consent freely given is a defense to o battery o forcible rape o kidnapping. Durham Rule: an accused is not criminally responsible if his unlawful act was the product of mental disease or defect. the officers created the intent to commit the crime in his mind *MI* Objectively.