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Mens Rea
Criminal mind with intent *malice aforethought -> intent! (premeditation)
Actus Reus
voluntary physical act -> committing a crime
Strict Liability Crime
No intent but still a crime
Felony
1+ year (1-20)
[D.A. Superior Court]
Misdemeanor
Maximum is up to 1 yr in prison and $1,000 in fines (for each misdemeanor)
District Attorney (D.A.)
Superior court (felony)
Solicitor's Office
State court (misdemeanor)
Negligence per se
When someone has been convicted of a crime which has a rational relationship to a civil
action, then it will count as
Homicide
Unlawful taking of a life
Involuntary Manslaughter
Committed a crime which was not a felony and somebody died
Voluntary Manslaughter
No premeditation, even though you know you killed someone. Didn't have time to think
or appreciate
Felony Murder
During commission of dangerous felony, someone died and you didnt cause it - going
away for life
Express Malice
Premeditated taking of a life
Implied Malice
Depraved/ abandoned heart you cause someone's death, Intent to do serious bodily
injury, Extreme recklessness that reveals an indifference to human life, Felony Murder
Self Defense
A justification defense, defendants may justify their actions by saying they acted to
defend themselves.To establish the necessary elements to constitute self-defense, the
defendant must have acted under a reasonable belief that he was in danger of death or
great harm and has no means of escape from the assailant.
Defense of Home
deadly force is justified against an intruder who is reasonably believed to intend to
commit a felony (there is no duty to retreat)