I. Evidence Issue: Corpus delicti rule
a. Elements of a Crime
i. Mens Rea- purpose of act, state of mind of killing
ii. Actus Reus- harmful act
iii. Concurrence
iv. Causation
b. Classifications of Crime
i. Malum prohibitum-(no criminal intent is present)- wrong only because the gov’t says its wrong, can make an argument that there is a moral dimension
ii. Malum in se-(criminal intent is present)- wrong in itself; immoral
iii. Felony v. Misdemeanor- F: punishable by death or imprisonment for more than 1 year M: any other crime
iv. Infamous- reference to those crimes involving fraud, dishonesty, obstruction of justice (prosecuted by indictment)
v. Petty Offenses: sub-group of misdemeanors; may be tried by a magistrate summarily (without preliminary examination, without indictment, and usually without a jury
vi. Strict Liability: you inadvertently (complete accident) commit a crime; if you made a stupid mistake, it is still going to be punished- your mistake of fact is irrelevant; does not involve a state of mind- All common law crimes involve a state of mind so no strict liability under the common law
II. Elements of Murder
a. Common Law
i. The unjustified killing of another human being with malice aforethought
ii. D had to have a wrongful state of mind before the action and the wrongful state of mind has to concur with the wrongful act
iii. Malice aforethought (express or implied)
1. Intent to kill-
2. Intent to do serious bodily harm
3. Depraved Heart- reckless indifference to an unjustifiably high risk to human life (implied malice)
a. Extremely negligent behavior which shows an indifference to human life
4. Felony murder- if the D caused death to another human being while committing a felony, it is murder
a. Today applies to forcible felonies: rape, robbery, kidnapping, arson, etc.
i. Burglary is not necessarily automatically considered inherently dangerous for felony murder
ii. Only applied to inherently danger
i. Mere words are not sufficient
ii. Words are adequate if they are information (ie. tells man his wife is having an affair), and D has to reasonably believe the info is true, and if they are coupled with a battery
iii. Examples: Battery- must be violent painful blow; Mutual combat- two persons willingly engage in combat; Assault- unsuccessful attack; Adultery- only encompasses married couples, not engaged, divorced or unmarried persons
2. “Imperfect” Defenses
a. Self-defense: if there is reasonable fear for one’s life, no crime even if D is erroneous; crime if fear is unreasonable
b. Right to Prevent a Felony: if reasonable belief that another is committing a felony and kill, no crime; if unreasonable, crime
Necessity: one who kills an innocent 3d party to save himself or another is guilty of a crime; should be manslaughter b/c of the pressure of upon him (ie. starvation, thirst)
