Crim Pro/Law

an unlawful killing of another that is neither justifiable nor excusable with malice aforethought.

Malice does not mean intent

actor disregards an unreasonably high risk of harm to human life

if exists knocks the conviction from murder to voluntary manslaughter (heat of passion killing - no cool down)

D ignores risk of harm to human life, but less than depraved heart

An accidental homicide that occurs during the commission of an unlawful act not amounting to a felony (or, at least, not amounting to felony that would trigger the felony-murder rule) constitutes involuntary manslaughter.

a trespassory taking and carrying away of the personal property of another with the intent to steal it

a larceny from a person by force or fear

breaking and entering of the dwelling house of another, at night, with intent to commit a felony therein

Police conduct a custodial interrogation - suspect not free to leave

D conduct must cause the victim's injury, otherwise no criminal liability.

1. Does the answer choice apply to the facts. 2 Answer choice a correct statement of the law 3. is the argument sufficient to acquit the D

treat the statement as fact

Always do a multiple murder analysis

Attaches at the initiation of adversarial proceedings: arraignment, and all critical states -- identifications

D is relieved of criminal responsibility upon proof that at the time of commission he was laboring under such a defect of reason from disease of the mind as to not know the nature and quality of what he was doing and if he did know, he did not know it was wrong

is a full defense to any crime or attempted crime

may not be searched unless independent and reasonable suspicion arrises to justify the search, their mere presence is not enough