47 Questions
What is the specific focus of Class #5 and #6 in the Criminal Law Handout #2?
Reckless-Intentional Distinction in Homicide
What does B.A.C. stand for in the context of the text?
Blood Alcohol Content
In the case of People v. Watson, what was the defendant's Blood Alcohol Content (B.A.C.)?
0.23
What does MPC § 210.4 refer to?
Model Penal Code
What is Henke's testimony about in the case of People v. Watson?
Defendant's speed and traffic light status
What is the focus of Ch. 2A in the Criminal Law Handout #2?
Specific and General Intent
What was the outcome of the appellate court's decision regarding the trial court's dismissal of the murder charge?
Reinstated the murder charge
According to Justice Richardson, why did the majority reinstate the murder charge?
The facts implied malice due to gross negligence
Why did Justice Bird disagree with the majority regarding the dismissal of the murder charge?
The majority applied the wrong legal standard
What charges were included in the indictment paper against Watson despite the magistrate's ruling?
Manslaughter and second-degree murder
What form of involuntary manslaughter is mentioned in the text?
Manslaughter due to gross negligence while intoxicated
What are the elements of murder according to California Penal Code §187(a)?
Unlawful killing of a human being with malice aforethought
What procedure did Watson undergo at the preliminary hearing?
Found probable cause for manslaughter and second-degree murder
What was the prosecutor's action after the magistrate judge's ruling at the preliminary hearing?
Appealed the dismissal of second-degree murder charges
What did Justice Bird consider as an incorrect standard applied by the majority?
Considering all drunk driving killings as murder
What was Watson's action that led to the trial court's dismissal of the second-degree murder charges?
Drove to a bar knowing he would drink and drive later
What is the common law definition of murder?
Unlawful killing of a human being with malice aforethought
What condition must be satisfied for malice to be present under the felony murder rule?
The felony must be independent of the killing
What is a key limitation imposed by most courts on the felony murder doctrine?
It only applies to inherently dangerous felonies
Under what circumstances does malice aforethought exist in common law murder?
Intent to kill, inflict serious bodily injury, or reckless indifference to an unjustifiably high risk to human life
What is the main requirement for malice to be satisfied under the felony murder rule?
Death must have been a foreseeable result of the felony
Which of the following felonies is most likely to satisfy the limitations imposed on the felony murder doctrine by most courts?
Burglary
What was the initial trial date set for after Dan requested to have the trial on October 15, 2002?
January 5, 2003
How long did Dan wait before moving to dismiss the charges?
The day after the trial began
Why was Dan sitting in jail without bail for 13 months?
He was not granted bail by the court
What was the prosecutor's excuse for delaying the trial for 8 months?
Vacation and legal education classes
When did Dan first object to the prosecutor's request to continue with the trial?
January 3, 2003
What is the main reason why Dan's crime will not be reduced to voluntary manslaughter?
He cannot establish that he was adequately provoked.
Based on the text, why could Chuck not be convicted as an accomplice in the convenience store robbery?
He was unaware of the plan to rob the convenience store.
Why could Chuck be convicted as an accessory after the fact based on the text?
He threatened to tell the police about the robbery unless he received a share of the stolen money.
What crime could Chuck be convicted of based on his action of threatening to tell the police about the robbery unless he received a share of the stolen money?
Extortion
Why could Chuck be convicted of receipt of stolen property?
He knew that the $150 Bert gave him was obtained in a criminal offense.
When does the 6th Amendment right to a speedy trial attach?
After the defendant has been arrested or charged
What factors does the court consider in determining whether a defendant's right to a speedy trial has been violated?
The length of the delay, reason for the delay, assertion of right, and prejudice to the defendant
During which stage does a principal actually engage in an act or omission that causes a criminal result?
Before or during the commission of a crime
What makes an accomplice responsible for any other crimes committed in the course of committing the crime contemplated?
Aiding, counseling, or encouraging before or during the commission of the crime
What defines an accessory after the fact?
Someone who provides aid after a felony has been completed
What is the underlying felony committed by Dan, Art, and Bert?
Robbery
Why was Art's death foreseeable according to the text?
The robbers used deadly weapons
Why is Dan not liable for felony murder in Art's death according to the Redline exception?
Art was killed as a result of resistance by the victim
What is the basis for Dan's liability for Bert's death?
Reckless indifference to human life
Why would the felony murder rule not apply to Bert's death?
Because they had already reached a place of temporary safety
Why could Dan be convicted of second degree murder for Bert's death?
Due to malice aforethought
What mitigating circumstances could reduce the murder to voluntary manslaughter?
Existence of adequate provocation
What makes Dan's liability for Bert's death different from Art's death based on the text?
Bert's death involved deliberate and premeditated killing
What distinguishes first degree murder from second degree murder based on the text?
Intent to kill or inflict serious bodily injury
What led to Dan becoming angry enough to shoot Bert according to the text?
Art tried to take most of Dan's share of the robbery proceeds
Study Notes
Class #5 and #6 in Criminal Law Handout #2
- Focus on mens rea, specifically on malice aforethought and intent
B.A.C. and People v. Watson
- B.A.C. stands for Blood Alcohol Content
- In People v. Watson, the defendant's Blood Alcohol Content (B.A.C.) was 0.17
MPC § 210.4 and Ch. 2A
- MPC § 210.4 refers to the Model Penal Code
- Ch. 2A in the Criminal Law Handout #2 focuses on criminal liability and the principles of punishment
Case of People v. Watson
- Henke's testimony in the case of People v. Watson deals with the defendant's intoxication
- The appellate court's decision regarding the trial court's dismissal of the murder charge was overturned, and the murder charge was reinstated
- Justice Richardson believed the majority reinstated the murder charge because the defendant's actions showed a reckless disregard for human life
- Justice Bird disagreed with the majority, arguing that the prosecution failed to provide sufficient evidence to support the murder charge
- The indictment paper against Watson included charges of murder, despite the magistrate's ruling
- The form of involuntary manslaughter mentioned in the text is vehicular manslaughter
Murder and Felony Murder
- Elements of murder according to California Penal Code §187(a) include malice aforethought and unlawful killing
- Malice aforethought exists in common law murder when there is a deliberate intention to kill or cause harm
- Under the felony murder rule, malice aforethought is implied when a defendant commits a felony that results in a death
- Condition for malice to be present under the felony murder rule is that the felony committed must be inherently dangerous to human life
- Key limitation imposed by most courts on the felony murder doctrine is that it does not apply to non-inherently dangerous felonies
Trial Proceedings
- Watson underwent a preliminary hearing, where the prosecutor requested a continuance
- The prosecutor's action after the magistrate judge's ruling at the preliminary hearing was to request a trial
- Justice Bird considered the standard applied by the majority to be incorrect because it allowed the prosecution to retry Watson for murder
Felony Murder Doctrine
- Most likely felony to satisfy the limitations imposed on the felony murder doctrine by most courts is burglary
- Malice aforethought exists in common law murder when there is a deliberate intention to kill or cause harm, or when the act is done with reckless disregard for human life
Right to a Speedy Trial
- The 6th Amendment right to a speedy trial attaches when a defendant is formally accused or arrested
- Factors considered in determining whether a defendant's right to a speedy trial has been violated include the length of the delay, the reason for the delay, and the defendant's assertion of the right
Accomplice and Accessory Liability
- A principal engages in an act or omission that causes a criminal result during the actus reus stage
- An accomplice is responsible for any other crimes committed in the course of committing the crime contemplated
- An accessory after the fact is defined as someone who helps a principal after the crime has been committed
- The underlying felony committed by Dan, Art, and Bert is the convenience store robbery
Felony Murder and Liability
- Dan's liability for Bert's death is based on the felony murder rule
- The felony murder rule would not apply to Bert's death because the killing was not committed during the course of the underlying felony
- Dan could be convicted of second-degree murder for Bert's death
- Mitigating circumstances that could reduce the murder to voluntary manslaughter include the defendant's intoxication and lack of premeditation
Prepare for your criminal law class with this handout covering Class #5 and #6, the Reckless-Intentional Distinction in Homicide. Explore the specific and general intent, and the case law of People v. Watson and People v. Whitfield.
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