Crim law checklist

MURDER

• COMMON LAW MURDER
• unlawful killing of another with malice aforethought
• intent to kill
• intent to do serious bodily harm
• wanton or reckless conduct
• intent to commit a felony
• FELONY MURDER
• during commission of, or attempt to commit
• inherently dangerous felony
• death foreseeable,
• limitations on f-m
• not f-m: police or 3d party killing of co-felon
• before the felon reaches a point of safety
• agency theory: not f-m if killing is by someone other than a co-felon or defendant
• must be guilty of underlying felony
• name the crime and elements etc..
• ROBBERY
• taking of personal property of another from the other's person or presence by forece or inteimdatino with intent to permanently deprive him of it.
• FIRST DEGREE : common law murder with premeditation and deliberation
• some jurisdictions: felony murder is first degree murder
• VOLUNTARY MANSLAUGHTER: unlawful killing which would be murder but for:
• adequate provocation
• reasonable provocation to arouse sudden and intense passion to cause one to lose control
• actually provoked
• insufficient cooling time
• not actually cooled off
• intoxication
• voluntary intoxication only available to negate specific intent of premeditation/deliberation
• involuntary intoxication can negate intent in intent crimes if the insanity tests are met (depends on the jx)
• because of mental illness defendant
• did not know the wrongfulness of conduct (m'naughton)
• could not control actions/conform conduct to the law (irresistable impulse)
• lacked substantial capacity to know the wronfulness of conduct or conform conduct to law (mpc).
• but for mental illness, crime would not have been committed (durham, nearly abolished
• imperfect self-defense:
• unreasonable belief in imminent threat of violence or
• level of force necessary
• SECOND DEGREE MURDER: residual category for killings that are not in murder in the first degree or involuntary manslaughter.
• INVOLUNTARY MANSLAUGHTER
• gross negligence or
• commission of unlawful act