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CRIM LAW EXAM

Terms in this set (66)

MPC = reckless homicide
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CL = involuntary manslaughter
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MPC = EMED killing, intentional/extremely reckless
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CL = voluntary manslaughter/crime of passion, provocation, battered women syndrome
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Common law = 1st degree, 2nd degree, etc, premeditation, deliberation, furious 5 (provocation), cooling off period
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MPC = purposeful, knowing, reckless, gross negligence,..... extreme emo & mental disturbance
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Four principal mental states (these are under MPC 2.02)
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1) purposely = it was your conscious effort to bring about the result
2) knowingly= you were substantially certain that the result would occurs
* even if you were wrong
3) recklessly= means that you consciously disregarded a substantial and unjustifiable risk that the result would occur under circumstances that constituted gross deviation from the standard of care that a reasonable person would observe in the situation (MPC = more blameworthy/dangerous than neg)
*extreme recklessness: extreme indifference to value of human life
*depraved heart: calloused indifference. killing with an abandoned or malignant heart, a heart void of social duty and fatally bent upon mischief
* objective standard
4) negligently (gross negligence) = you should have been aware of a substantial and unjustifiable risk that the result would occur under circumstances that constituted gross deviation from the standard of care that a reasonable person would observe in the situation
* gross negligence
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Intentional Killings
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• Murder
o Intentional Killing with premeditation and Deliberation
• Murder
o Intentional Killing without premeditation and deliberation and without adequate provocation
• Vol. Manslaughter
o Intentional Killing without premeditation and deliberation and with adequate provocation
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Unintentional Killings
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• Murder
o Extremely reckless/Depraved Heart killing
• Involun. Mans. (ANALYZE BOTH) - difference between reckless and gross neg = should have known
o Reckless killing
o Sometimes grossly negligent killing (simple negligence not enough majority)
• Negl. Homicide
o Grossly negligent homicide
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Intentional Deliberate/Intentional Killings: (1st degree)
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To prove premeditation, one must demonstrate the accused had acted with:
• consideration and reflection upon the preconceived design to kill,
• turning it over in the mind, giving it second thought.
premed= quantity of thought = the time one spends thinking about killing
• time alone is not sufficient to establish deliberation
delib= quality of thought = how clearly one was able to think about it (delib)
• Deliberation may be inferred from sufficiently probative facts and circumstances.
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Misdemeanor or unlawful act manslaughter
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