To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library





8.A A killing is intentional if the defendant desired or knew to a substantial degree of certainty that it would result from his act. A killing is deliberate and premeditated if the defendant was capable of reflecting upon it with a cool mind and did in fact do so. Since Darrel hoped for (i.e., desired) Volmer’s death, the killing was intentional. Since he reflected on it in advance with a cool mind, it was deliberate and premeditated.

Since first-degree murder is the most serious crime listed, B, C and D are incorrect. Voluntary manslaughter is an intentional killing resulting from extreme emotional disturbance or in the mistaken belief that it is justified. C is also incorrect because there is no indication that Darrel was emotionally disturbed or mistakenly believed that his act was justified. Involuntary manslaughter is an unintended killing which results from criminal negligence. D is also incorrect because Darrel intended the death of Volmer.

9.A Murder is the unjustified killing of a human being with malice aforethought. Malice aforethought includes the intent to cause great bodily harm to a human being. A defendant “intends” a particular consequence if she desires or knows to a substantial degree of certainty that it will occur. Since Delman desired and/or knew that exposure to Terminate was likely to result in great bodily harm to Ventura, she intended to cause great bodily harm to a human being. Since Alex died, Delman may be found guilty of his murder. A is, therefore, correct.

B is incorrect because engaging in an inherently dangerous activity is not equivalent to malice aforethought. C is incorrect because Delman’s intent to cause great bodily harm to any human being is sufficient to make her guilty of murder in causing the death of Alex. Although the intent to kill is a form of malice aforethought, D is incorrect because the intent to cause great bodily harm is also a form of malice aforethought.

  10.       C A person is guilty of a criminal attempt when, with the specific intent to bring about a prohibited result, she comes substantially close to doing so. Thus, all attempts are “specific intent” crimes, at least where the definition of the underlying crime includes bringing about a certain result (e.g., death). This means that although murder does not require a specific intent to cause the death of a person, attempted murder does. Since Delman did not intend to cause the death of a human being, she lacks the intent required to make her guilty of attempted murder.

Create New Group

Casebriefs is concerned with your security, please complete the following