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Crim Law general study
-agency approach: majority; surviving felon is not liable for a killing of a co-felon or third party by a
third party.
-proximate cause approach: minority; defendant may be liable for the death of a co felon or third party
if the felon set in motion the acts which resulted in the victim's death. - ✔✔When an opponent of the
felony (Victim or PO) kills one+ of the felons, are the co-felons liable? (2 approaches)
-association with alleged conspirators
-knowledge of the commission of the crime.
-presence at the scene of the crime.
-participation. - ✔✔how to prove a conspiracy
-certain products (sugar vs prescription drugs)
-stake in the venture
-inflated charges; volume of business
-"here's how to do it" - ✔✔what factors to look at to determine if a buyer-seller relationship is a
conspiracy
-coerced intoxication
%
-innocent or mistaken intoxication
-an unanticipated reaction to a drug taken on medical advice
-pathological intoxication: the defendant knew she was taking a drug, but the reaction was highly
excessive. - ✔✔4 types of involuntary intoxication
-contractual obligation
-statute imposes duty to act
-relationship such as parent-child
-if you created the harm through your actions (ex. caused car accident, can't abandon the scene). -
✔✔exceptions to the no duty to rescue (4)
-d is guilty for all crimes by co conspirators that D intended to occur and commit.
-if D did not intend the crime to happen, liability depends on the jx (pinkerton vs MPC which just does
accomplice liability) - ✔✔co conspirator liability
-failure of elements defense
-affirmative defense
-public policy defense - ✔✔3 types of defenses
-heat of passion based on adequate provocation. - ✔✔voluntary manslaughter to know
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-intent to kill without premeditation and deliberation
-provocation sufficient to lower first degree intent to kill murder to second degree murder.
-2nd degree felony murder
-depraved heart murder - ✔✔2nd degree murder in CA (4)
-misdemeanor manslaughter
-criminally negligent involuntary manslaughter. - ✔✔2 types of involuntary manslaughter to know
-mistake of fact
-accident
-alibi
-mistake of law* - ✔✔failure of elements defenses (4)
-must be dwelling
-breaking: actual or constructive break into the dwelling.
-entering (with the body)
-nighttime - ✔✔burglary requirements at common law
-self defense
%
-necessity defense
-duress
-voluntary intoxication
-involuntary intoxication
-mental illness defenses (insanity defense)
-infancy
-entrapment
-*so called cultural defense - ✔✔affirmative defenses to know (10)
-traditional pigeon hole approach
-modern (CA) approach - ✔✔2 approaches to adequate provocation in manslaughter analysis
-willful, deliberate, and premeditated killing.
-1st degree felony murder
-torture murder
-lying in wait
-murder by poison
-drive by shooting murder
-explosive or armor penetrating amunition - ✔✔1st degree murder in CA (7)
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