Beruflich Dokumente
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Elements of Crime
Actus Reus
Mens Rea
Concurrence
Causation
Forms of Homicide Mens Rea
Intent to Kill specific intent
Intent to Cause Serious Bodily Harm
Depraved Heart
Felony Murder BARKK
o Burglary, Arson, Rape, Robbery, Kidnapping
Deadly Weapons Doctrine inference of intent to kill is raised through
the intentional use of any instrument which is calculated to produce
death or serious bodily injury
Intent to Cause Serious Bodily Harm must be proved by examination
of all the surrounding circumstances
Depraved Heart Murder unintentional killing resulting from conduct
involving a wanton indifference to human life and conscious disregard
of an unreasonable risk of death or serious bodily injury
Felony Murder killing proximately caused during the commission or
attempted commission of a serious or inherently dangerous felony
Includes intentional and accidental killings, as well as liability for
the acts of ones accomplices
Underlying felony must be independent of the homicide
Dead person must not be a felon
First-Degree Murder intent-to-kill murder committed with
premeditation and deliberation
Lying in wait, poison, terrorism, or torture
Second-Degree Murder any murder that does not meet the requisite
elements of first-degree murder.
Example: defendants mens rea is intent to inflict serious bodily
injury
Voluntary Manslaughter
Involuntary Manslaughter
Unintentional killing resulting without malice aforethought
caused by either reckless or criminal negligence or during the
commission or attempted commission of an unlawful act
Criminal negligence requires that the defendants conduct
creates a high degree of risk of death or serious injury beyond
the tort standard of ordinary negligence
Misdemeanor- manslaughter
Assault and Battery
Criminal Battery
Intentional or reckless (or criminally negligent), unlawful
application of force to the person of the victim
Aggravated Batter
Intentionally and knowingly causes great bodily harm permanent
disability or disfigurement, or uses a deadly weapon, or when the
victim is pregnant and the offender knows of the pregnancy
Assault
When a reasonable person would not expect imminent bodily
harm, there is no criminal assault
Aggravated Assault
Assault with a deadly weapon without intent to kill or with intent
to commit a felony
Kidnapping
An unlawful restraint of a persons liberty by force or show of
force so as to send the victim to another location
Rape
Unlawful sexual intercourse by a male person with a female
person without her consent
Diminished Capacity
Short of insanity. Defendant did not have a state of mind that is
an element of the offense
Intoxication
Voluntary or involuntary intoxication is a defense to a crime
when it negates the existence of an element of the crime
Justification
Where an act is justified, no crime has been committed
Self-Defense
Reasonable belief that he is in imminent danger of unlawful
bodily harm, may use the amount of force in self-defense that is
reasonably necessary to prevent such harm, unless is the initial
aggressor
Deadly force is that which threatens death or serious bodily harm
Defense of third person
Defense of property: reasonable non-deadly force
Necessity: reasonable force is justified to avoid imminent injury
resulting from natural forces or where an individual reasonably
believes that his criminal conduct is necessary to avoid a greater harm
Duress:
Entrapment