Welcome

Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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I have no set schedule of posting, but I hope you will check in from time to time.

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Friday, January 29, 2010

1 - Criminal Law - Death Crimes (The Order of Death Crimes)

The Order of Death Crimes

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

The order of death crimes at common law can be confusing, but it really fits together rather nicely.

Death crimes are murder and manslaughter.

1. Murder
     A. Homicide (the act)
          i. Causation
          ii. Third Party Acts
               a. Vicarious liability
               b. Accomplice or Felony Murder Rule
          iii. Omission to Act

     B. Malice
          i. Intent to kill
          ii. Intent to cause serious bodily injury
          iii. Depraved Heart/willful and wanton conduct
          iv. Felony Murder rule

     C. Justification and Excuse (No death liability)

2. Manslaughter
     A. Voluntary – Murder Malice, but with Mitigation
     B. Involuntary - No Murder Malice, but lesser degree of intent to harm.

3. Degrees of murder
     A. First
           i. Intent to Kill or FMR
          ii. With Intent to Kill look for Premeditation and Deliberation
          iii. All Other Murder is second degree

4. Defenses (Actually to most crimes)
     A. Youth
     B. Insanity
     C. Intoxication
     D. Necessity or Coercion – Greater Evil Doctrine
     E. Mistake
     F. Entrapment

Professor Doug Holden
© 2010 Douglas S. Holden. All Rights Reserved.


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