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 Homicide [causing death w/ specific mens rea]; actus reus = ALWAYS causing death

A. Murder [malice + causing death]


a. Malice [can exist by 3 ways]:
1. Intent to kill;
2. Intent to cause serious bodily injury;
3. Depraved heart (reckless indifference towards value of human life)
a. Reckless indifference: conduct involved what a reasonable
person in the defendant’s situation would regard as a very
high risk of death or serious bodily injury to another
B. Manslaughter
a. Involuntary manslaughter: death caused by gross negligence or
recklessness
b. Voluntary manslauter

 Misdemeanor manslaughter is a killing that occurs as a result of or during a malum in se


misdemeanor, or a felony that is not sufficient for felony murder
 Conspiracy: agreement between two or more people to commit a crime

 Robbery is the (1) taking, (2) of personal property of another, (3) from the other’s person
or presence, (4) by force or intimidation, (5) with the intent to permanently deprive him
of it
o Intent required: intent to use force to take “the property of another”

 Larceny is the (1) taking and (2) carrying away of (3) the tangible property (4) of another,
(5) by trespass or without consent, (6) with the intent to permanently deprive the person if
his interest in property
o *NOTE: anyone who intentionally acts through an innocent agent is classified as
a principal

 Larceny by trick is the (1) fraudulent taking and (2) carrying away of (3) the tangible
property (4) of another, (5) by trespass or without consent, (6) with the intent to
permanently deprive the person if his interest in property

 Embezzlement is the (1) fraudulent, (2) conversion, (3) of property, (4) of another, (5) by
a person in lawful possession of that property

 False pretenses requires a misrepresentation of a material fact, which prompts the victim
to pass title to his property to the defendant, who knows the misrepresentation is false and
intends to defraud the victim

 Burglary is the (1) breaking, (2) and entering, (3) of the dwelling, [any building or
structure] (4) of another, (5) at night time, (6) with the intent to commit a felony within
o *NOTE: if the defendant uses fraud or threat of force to induce the occupants to
let him in, that counts as breaking

 Arson (CL) is the (1) malicious, (2) burning, (3) of the dwelling, (4) of another
o *NOTE: arson does not require specific intent but only that the defendant acted
with (1) the intent or knowledge that the structure would burn, or (2) the reckless
disregard of an obvious risk that the structure would burn

 Dangerous felonies for CL felony murder:


o Arson, burglary

 Abandonment: must be completely voluntary, and not made due to problems in


completing the crime or the risk of getting caught; and it must represent a full
renunciation of the criminal purpose
 Attempt: CL requires that defendant must commit some act toward bringing about the
intended crime
o MPC does not require any step be taken towards bringing about the intended
crime
 To be guilty on an accomplice theory  accomplice must have the required intent to
commit the crime committed
o If A is accused of being an accomplice to crime X, the actus reus requirement is
satisfied as long as A “aided, abetted, encouraged, or assisted” B to commit crime
X.
o The intent must exist before or at the time of the actual commission of the crime
 Can use deadly force in self-defense if he (1) is confronted with unlawful force; (2)
reasonably believes he is threatened with imminent death or great bodily harm; and (3)
uses no greater force that he reasonably believes is required to avoid the danger

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