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Criminal Flashcards

Criminal Flashcards. Formula of a Crime. Actus Reus Mens Rea Causation Harm. Actus Reus. Is a physical act fulfilling the physical elements of a crime. Mens Rea. There must be a criminal mindset. Causation. Principles of Statutory Construction. Principle of Lenity

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Criminal Flashcards

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  1. Criminal Flashcards

  2. Formula of a Crime • Actus Reus • Mens Rea • Causation • Harm

  3. Actus Reus • Is a physical act fulfilling the physical elements of a crime

  4. Mens Rea • There must be a criminal mindset

  5. Causation

  6. Principles of Statutory Construction • Principle of Lenity • Leniency in construing the statute favorable to the defendant • Strict Construction • Construing the statute narrowly, the idea is that judges should not interfere with the law, which is believed to be a reflection of society’s moral beliefs • Fair Import • Interpret the statute to promote justice

  7. Statutory Interpretation • Formalist • Focus strictly on the words of the statute • Instrumentalist • Discern the intent, purpose, or function of a statute and apply a view consistent with that

  8. Homicide Terms of Art • Malice aforethought • Malice • Deliberate • Premeditated

  9. Anderson test: Premeditation • Evidence of planning • The motive indicates careful thought • The method and manner of the killing indicate a preconceived design

  10. Homicide – Penn. Pattern • 1st degree • Malice aforethought, deliberate, premeditated • 2nd degree • Malice aforethought only, (or depraved heart) • Voluntary manslaughter • Passion Killing • Involuntary manslaughter • Gross negligence • Vehicular manslaughter • Grossly negligent unlawful driving

  11. Homicide - MPC • Murder • Causing death intentionally or knowlingly – Or with recklessness and extreme indifference • Manslaughter • Negligent homicide

  12. Express or Implied Malice • Express - when there is a deliberate intention unlawfully to take away the life of a fellow creature. (Cali sec. 188) • Implied – when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart • People v. Knoller test • Death is proximately caused by a conscious disregard for safety/life

  13. Depraved Heart Murder • Basically, malice is implied when the defendant acts with a reckless disregard for human life • Malice doesn’t need to be directed at the deceased, it can be an unintentional killing • Equivalent to 2nd degree murder • Firing a gun in a crowd • Russian “poker”

  14. Voluntary Manslaughter • A killing committed under extreme emotional circumstances that is justifiable by some reasonable provocation • The “cooling off period” varies

  15. Test for voluntary manslaughter • Killing is in response to provocation which would cause a reasonable person to lose control • Heat of passion • Lapse of time is not sufficient for the person to have cooled off • The person hasn’t cooled off

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