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"tickles edge of Void for Vagueness"
1. Words clear?  Stop
2. Not clear?  take constitutional meaning, and/or search legislative intent

1. statutory clarity (what does "annoy" mean?)
2. overbreadth (sweeps in innocent behavior)
       limiting construction, or legislative intent
3. undue discretion for law enforcement

1. Bodily movement that is a product of the effort or determination of the actor, either conscious or habitual
2. time framing
3. Omissions count only if duty, but people must have capacity to act, omission must be blameworthy, status is not an act

DUTY
1. special relationship
2. contractual relationship
3. statutory duty
4. omission following an act of creating harm or assuming care

1. purpose
2. knowing
3. reckless
4. negligent (higher standard than torts)

If none listed, at least reckless
If one listed, per MPC applies to all circ.; per common law applies only to main one and look at legis intent

But for D's act, would victim have died when he did?

Also, concurrent sufficient, acceleration, concurrent insufficient

LaFave/Scott foreseeability test:

Coincidental?  Foreseeable
Responsive?  Not abnormal

Remember also if there is an omission w/ duty, may be superceding intervening cause.

Apparent safety

Free deliberate informed human intervention

Willful - specific intent to kill

Deliberate - weighed reasons for and against the action and considered the consequences

Premeditated - thought about beforehand - could be as quick as the blink of an eye, or require a second look.  Forrest factors.

Forrest Factors:
1. previous ill-will between the parties
2. want of provocation
3. any statements of the defendant up to and during the crime
4. the brutality of the killing, nature and number of wounds
5. the degree of planning and in the manner in which the killing was performed

Killing proximately caused in perpetration or attempt of felony

Limitations:
1. Inherently dangerous, in fact or abstract (DEATH only)
2. killing by non-felons: either agency thy (only co-felon killings) or if felon set in motion acts by which killing occurred, can have felony murder for killing by non-felon
3. Res Gestae, which requires but-for and proximate causal connection between felonious acts and death (reasonable foreseeability)

Common law = heat of passion, adequate provocation, no opportunity to cool.  Must be calculated to inflame the passion of a reasonable man in actor's situation and cause him to act from passion rather than reason.

MPC = EMED for which there is reasonable explanation or excuse.  Looks for reason for emotion, not the act, so kinder to Ds.

OR

Reckless manslaughter - aware of and disregarded a substantial and unjustifiable risk of death

Reckless plus extreme indifference to value of human life.

Reckless = aware of and disregarded a substantial and unjustifiable risk of death

Extreme indifference = high probability of death or serious bodily injury occurring as a result of the conduct

He was not aware, but would a reasonable person be aware of substantial and unjustifiable risk of death?  Gross deviation from normal behavior.

Force is physical only, and must happen at time of incident

Blocked path into school, grabbed arm and said "You're going with me."  Eventually let her go, said she would walk w/him and didn't run away b/c afraid.  Threatened to fix her face.  Told her she wouldn't be going to school.  Said if they were breaking up he had a right to make love to her again.  Headed to house of friend of D to do it, she went with, did not ask for help b/c D's friends.  Asked if she was ready and she said no.  Did not physically resist, but cried.

Not rape, the "fix your face" and arm grabbing were not related to rape.  She did not consent, but there was no force.

Physical force with resistance.

Agreed to give newly met rapist a ride home from bar.  She refused to come up to apt.  Refused a few times, became afraid, he took her keys and opened her door.  "If I do what you want will you not kill me?"  Lightly choked her.  Not rape b/c no resistance.

Second Appeal

Overturned, jury had right to decide based on testimony

Force is physical force or mental if unequal position.

Dorm room.  Talking, straddled her and fondled, tried to put his penis in her mouth.  She said no, I gotta go.  Rapist locked door.  Put her on the bed, took off her pants, raped her, she said no no no.  Rapist said we got carried away, she said no you got carried away.  Force must be physical, or if mental must have unequal positioning of the parties.  Age, mental and physical conditions, atmosphere of physical setting, if rapist was in position of authority, etc.

Force of sexual act can be enough force; affirmative, freely given consent.

Teenager went to friend's room in middle of night and made out with her, sex before she knew what was happening, hopped right off.

1 - intent to engage in acts
2 - intent to complete the crime

1. Present intent - changes mind on his own, no present intent.
2. physical proximity - physically  near to completion
3. dangerous proximity - dangerously near to completion
4. unequivocality/silent movie - actor's conduct manifests intent to commit crime
5. substantial step - strongly corroborative of actor's criminal purpose, i.e. lying in wait, enticing vic to place, reconnoitering, unlawful entry, possession of materials, soliciting innocent agent
(6. indispensable element - if you still need something, not attempt
7. probable desistance - would person probably not go through
8. abnormal step - step going beyond point where normal citizen would go
9. Stokes - intent plus any small act

Also, don't forget abandonment

Don't get to last act v. do get to last act but don't get result

Factual - no defense, mistake about facts of attendant circ., lucky, live victim in being

Hybrid Legal - defense, mistake about legal status of factor, dumbass, no live victim in being

Pure Legal - think you're committing a crime but not

Inherent - couldn't possibly succeed

1 - Principal from whom can derive liability, has to commit crime or attempt (MPC says ok if no principal but you think committing crime)
2. mens rea
3. actus reus

1 - intent to assist primary in conduct constituting offense
2 - w/mens rea required for committing offense

Aid, encouragement, assistance:
1 - physical conduct
2 - psychological influence
3 - omission if duty

*mere presence and knowledge not enough

Common law - have to help
MPC - think you're helping, enough

If accomplice to one crime and addt'l crimes reasonably foreseeable, guilty of those, too.

Harder for accomplice than primary!

Must renounce, wholly deprive assistance of its effectiveness or warn law enforcement

(1) Reasonable and good faith belief (2) faced with imminent deadly force (3) deadly force is a necessary response

Retreat required in some states, except from home and yard.

May get imperfect if your belief was good faith but not reasonable.

Deadly first aggressor (affirmative unlawful act for purpose of causing deadly affray) loses right of self defense unless successfully communicates desire to withdraw and withdraws.

Non Deadly first aggressor - some allow self defense, others don't.

Sometimes get imperfect self defense (VM) if you were a non-deadly first aggressor who did not attempt retreat in a retreat jurisdiction, or respond to non-deadly force with deadly force.

A = first deadly aggressor
B fires at A, misses and kills innocent bystander.

Could (1) give B reckless manslaughter, (2) give B nothing, (3) give A reckless murder or manslaughter b/c of Kibbe test (responsive, not abnormal)

Legality
Actus Reus
Mens rea
Causation
Homicide
Rape - Alston, Rusk, Berkowitz, MTS
Attempt - mens rea, actus reus tests, last act, impossibility
Accomplice - principal, mens rea, actus reus
Self Defense