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Questions and Answers
What is the specific focus of Class #5 and #6 in the Criminal Law Handout #2?
What is the specific focus of Class #5 and #6 in the Criminal Law Handout #2?
- Voluntary Intoxication
- De Novo Deference
- Reckless-Intentional Distinction in Homicide (correct)
- Creditor/Debtor scenario
What does B.A.C. stand for in the context of the text?
What does B.A.C. stand for in the context of the text?
- Bar Association of California
- Bureau of Alcohol and Cannabis
- Blood Alcohol Content (correct)
- Bureau of Automotive Certification
In the case of People v. Watson, what was the defendant's Blood Alcohol Content (B.A.C.)?
In the case of People v. Watson, what was the defendant's Blood Alcohol Content (B.A.C.)?
- 0.08
- 0.23 (correct)
- 0.10
- 0.15
What does MPC § 210.4 refer to?
What does MPC § 210.4 refer to?
What is Henke's testimony about in the case of People v. Watson?
What is Henke's testimony about in the case of People v. Watson?
What is the focus of Ch. 2A in the Criminal Law Handout #2?
What is the focus of Ch. 2A in the Criminal Law Handout #2?
What was the outcome of the appellate court's decision regarding the trial court's dismissal of the murder charge?
What was the outcome of the appellate court's decision regarding the trial court's dismissal of the murder charge?
According to Justice Richardson, why did the majority reinstate the murder charge?
According to Justice Richardson, why did the majority reinstate the murder charge?
Why did Justice Bird disagree with the majority regarding the dismissal of the murder charge?
Why did Justice Bird disagree with the majority regarding the dismissal of the murder charge?
What charges were included in the indictment paper against Watson despite the magistrate's ruling?
What charges were included in the indictment paper against Watson despite the magistrate's ruling?
What form of involuntary manslaughter is mentioned in the text?
What form of involuntary manslaughter is mentioned in the text?
What are the elements of murder according to California Penal Code §187(a)?
What are the elements of murder according to California Penal Code §187(a)?
What procedure did Watson undergo at the preliminary hearing?
What procedure did Watson undergo at the preliminary hearing?
What was the prosecutor's action after the magistrate judge's ruling at the preliminary hearing?
What was the prosecutor's action after the magistrate judge's ruling at the preliminary hearing?
What did Justice Bird consider as an incorrect standard applied by the majority?
What did Justice Bird consider as an incorrect standard applied by the majority?
What was Watson's action that led to the trial court's dismissal of the second-degree murder charges?
What was Watson's action that led to the trial court's dismissal of the second-degree murder charges?
What is the common law definition of murder?
What is the common law definition of murder?
What condition must be satisfied for malice to be present under the felony murder rule?
What condition must be satisfied for malice to be present under the felony murder rule?
What is a key limitation imposed by most courts on the felony murder doctrine?
What is a key limitation imposed by most courts on the felony murder doctrine?
Under what circumstances does malice aforethought exist in common law murder?
Under what circumstances does malice aforethought exist in common law murder?
What is the main requirement for malice to be satisfied under the felony murder rule?
What is the main requirement for malice to be satisfied under the felony murder rule?
Which of the following felonies is most likely to satisfy the limitations imposed on the felony murder doctrine by most courts?
Which of the following felonies is most likely to satisfy the limitations imposed on the felony murder doctrine by most courts?
What was the initial trial date set for after Dan requested to have the trial on October 15, 2002?
What was the initial trial date set for after Dan requested to have the trial on October 15, 2002?
How long did Dan wait before moving to dismiss the charges?
How long did Dan wait before moving to dismiss the charges?
Why was Dan sitting in jail without bail for 13 months?
Why was Dan sitting in jail without bail for 13 months?
What was the prosecutor's excuse for delaying the trial for 8 months?
What was the prosecutor's excuse for delaying the trial for 8 months?
When did Dan first object to the prosecutor's request to continue with the trial?
When did Dan first object to the prosecutor's request to continue with the trial?
What is the main reason why Dan's crime will not be reduced to voluntary manslaughter?
What is the main reason why Dan's crime will not be reduced to voluntary manslaughter?
Based on the text, why could Chuck not be convicted as an accomplice in the convenience store robbery?
Based on the text, why could Chuck not be convicted as an accomplice in the convenience store robbery?
Why could Chuck be convicted as an accessory after the fact based on the text?
Why could Chuck be convicted as an accessory after the fact based on the text?
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?
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?
Why could Chuck be convicted of receipt of stolen property?
Why could Chuck be convicted of receipt of stolen property?
When does the 6th Amendment right to a speedy trial attach?
When does the 6th Amendment right to a speedy trial attach?
What factors does the court consider in determining whether a defendant's right to a speedy trial has been violated?
What factors does the court consider in determining whether a defendant's right to a speedy trial has been violated?
During which stage does a principal actually engage in an act or omission that causes a criminal result?
During which stage does a principal actually engage in an act or omission that causes a criminal result?
What makes an accomplice responsible for any other crimes committed in the course of committing the crime contemplated?
What makes an accomplice responsible for any other crimes committed in the course of committing the crime contemplated?
What defines an accessory after the fact?
What defines an accessory after the fact?
What is the underlying felony committed by Dan, Art, and Bert?
What is the underlying felony committed by Dan, Art, and Bert?
Why was Art's death foreseeable according to the text?
Why was Art's death foreseeable according to the text?
Why is Dan not liable for felony murder in Art's death according to the Redline exception?
Why is Dan not liable for felony murder in Art's death according to the Redline exception?
What is the basis for Dan's liability for Bert's death?
What is the basis for Dan's liability for Bert's death?
Why would the felony murder rule not apply to Bert's death?
Why would the felony murder rule not apply to Bert's death?
Why could Dan be convicted of second degree murder for Bert's death?
Why could Dan be convicted of second degree murder for Bert's death?
What mitigating circumstances could reduce the murder to voluntary manslaughter?
What mitigating circumstances could reduce the murder to voluntary manslaughter?
What makes Dan's liability for Bert's death different from Art's death based on the text?
What makes Dan's liability for Bert's death different from Art's death based on the text?
What distinguishes first degree murder from second degree murder based on the text?
What distinguishes first degree murder from second degree murder based on the text?
What led to Dan becoming angry enough to shoot Bert according to the text?
What led to Dan becoming angry enough to shoot Bert according to the text?
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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
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