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Test 2 Notes

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SOCL 3371
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1Chapter 5February 17 2011Mens Reathe mental element in crime or criminal intent or the guilty mindLet action substitute for thoughts4 kinds of intentGeneralIntent to commit the actus reusthe physical element of the criminal actSpecific Designates the intent to do something beyond the actus reus the attempt to commit any felonyAlso refers to crimes requiring a particular result First Degree Murderintending to cause death or great bodily harmConstructiveNegligenceignorance of the consequences of your actions you should have known the consequencesRecklessnessknowing the danger or risks that you are placing others in but you dont care and act anywayTransferredThe intent to harm one victim and you end up harming another victim Bad Aim intentHomicidest1 1 degreerequires specific intent to kill or inflict great bodily harm peace officernd2 2 degreerequires specific intent to kill or inflict great bodily harm lacking a specific intent but someone still gets killed stnd3 Manslaughterany murder that isnt 1 or 2 murder committed in a heat of passionTesta4 Negligent5 Vehicularkilling someone with your car when you are under the influencePeople v Kibbe 1974 proximate vs intervening causesArgues their actions did not cause the death of a personWere seen in the car of victim they were intoxicated and showed money around bartender kicked out so they went to another bar Kibbe demanded Stafford to give him his money made him take off his clothes then throw him out so he had no clothes on and was stranded on a highway Around 10 oclock college student is driving and he ran over Stafford He had died of massive head injuries and had 25 alcohol level Kibbe and Crawl get convicted and appeal convictsJury said sufficient cause of his death Defenses1 Defense of self of others of propertythe use of force is limited to that reasonably necessary to thwart the actto protect life and property when necessary as a last resortagainst imminent attackno preempted strikesagainst an unprovoked attackTownsend v Commonwealth 1971Rabbit hunting and someone fired in their direction and Townsend was hit with some pellets He loads up and leaves They drive home and they pass a house with a guy in the yard He thought this man might have shot him The guy claimed he did not fire at him The guy ran at Townsend and Townsend kept telling him to back off Townsend grabbed his gun because he thought the guy was armed so Townsend unloaded on him and then hit him in the head with the butt of the shotgun Court One who by his words and acts provokes and brings about a fight cannot claim self defense The law does not allow a man to create a bad or dangerous situation and then fight his way out2 Necessitychoosing the lesser of 2 evilsno homicidehas to be an immediate threat of injury or death3 Duress
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