Criminal Law & Practice Crib Sheet

M'Naghten test {Ans: At the time of the commission of the offense D was laboring under a defect or disease of the mind; D didn't know the nature of his acts, or that his acts were wrong}Murder definition for exam {Ans: the unlawful killing of a human being or fetus with malice aforethought. Malice can either be express or implied. It express when there is a manifested intent in the killer to take the life of another human being, but it is implied if: (1) intended to cause grievous bodily injury, (2) the killer was committing an inherently dangerous felony, or (3) the killer acted with a "depraved heart". Furthermore, murder can be classified as first or second degree. First-degree occurs when the killing is premeditated and deliberate}aforethought {Ans: intent to kill can be formed in an instant}Actus Rea {Ans: Voluntary Act}Proximate Cause Theory {Ans: A felon is responsible for any death that occurs during the felony regardless of whether the felon directly caused the death so long as the death was sufficiently related to the felon's conduct.}Assault {Ans: (Specific Intent) 1. D attempts to batter V 2. D puts V in apprehension of