Criminal Law - NWCU California Bar 177 questions with correct answers

Murder CORRECT ANSWER unlawful homicide (physical act) committed with malice (mental state). Common law - death = no breathing/heart stops. Modernly - death = brain dead. Homicide, categories. "Killing is caused by defendant if..." CORRECT ANSWER Four scenarios in which killing is "caused by defendant": 1) D acted alone to cause death 2) D's omission caused death and D had a duty to act by statute, relationship, or voluntary undertaking. 3) Act of a 3rd party contributed to cause death. Vicarious liability if D: - solicits the crime - conspires with one who commits crime - acts as an accomplice - under felony murder rule Was 3rd party act foreseeable? 4) Death was foreseeable result of D's act or omission. Malice, quartet CORRECT ANSWER Need one of four to have malice: 1) Intent to kill (words, evidence, or deadly weapon doctrine) 2) Intent to inflict great bodily harm/serious bodily injury 3) Depraved heart: reckless indifference to a known risk of death or serious bodily injury. 4) Felony Murder Rule: Homicide committed during the perpetration of an inherently dangerous crime.