POLS 259A

Breaking and entering of the dwealling of another at night with intent to commit a felony.

• Breaking- making a new opening through force
• Entering- any part of your body has entered into the home
• Dwelling-someowhere where the individual slept and lived
• of another-it's not your own. Could be room in apt.
• nightime- when the person is defeseless
• intent to commit a felony

• No breaking required
• any time of the day
• can be any "structure, including house, business..."
• Burgalory is entry with intent to steal or commit a felony inside.
• crime of burgalory is completed upon that with intent (regardless if the crime waas inside)

Killing of another human by another being

Legal neutral term, can be a legall sanction killing (war) or a justified or excused killing.

Actus reus of crominal homocide

• Human life begins at birth
• Some states prohibit the killing of a human being OR a fetuse.
• In CA the fetuse is 7-8 weeks into the pregnancy

When the individual becomes brain dead

Unlawful killing of another human being with malice aforthought

• intent to kill
• intent to cause great bodily injury (gbi)
• reckless (aka depraved; abandoned & malignant heart, wanton & willful)
• felony murder-killing during a felony

• Murder
• man slaughter

• 1st degree murder
• 2nd degree muder
• voluntary manslaughter
• involunterary manslaughter

• 1st degree:
• Wilful, premeditated & deliberate (P&D)
• felony murder
• prohibited means (poison/torture)
• drive-by shooting

• 2nd degree:
• intent to kill (non P&D)
• reckless

• planning an activity
• motive, poor relationship between the D and V
• D's conduct before and during killing (threat)
• Method of killing
• D's confession/admission

• willful: intentional
• deliberate: carefully weighed pros and cons and decided to kill
• premeditated: decided to kill before doing the act that caused death

When a death results from felon, or co-felon conduct in furtherance of the felony (or attempted felony) = murder.

• Only if co-felon or felon do the killing.
• If co-felon does the killing you are liable too.
• If victim or witness kill, they are not liable.

• Death must occur during the course of the felony ("in furtherance")
• Must happen close in place in place and time to the felony. Includes escape (semingly safe).

• 2nd degree murder
• causious disragard of substantial and unjustifiable risk to human life.
• -shooting apple off head

• Involuntary manslaughter
• should have know there was a substantial and unjustiable risk to human life.
• -cleaning and loading a gun that goes off.

Unlawful killing of another humna being without malice aforethought.

• Voluntary= intentional
• heat of passion
• imprerfected self-defense

• Involuntary- unitentional
• neglicent killing

• Adequete provocation
• subjective: D was provoked
• objective: and ordinary person would be

• Passion
• Any intense overriding emotion
• ex. fear, anger, resentment, jealousy, desperation.

• Unlawful sexual intercourse with a women by a man.
• by means of force or fear (threats)
• and without her consent.

• There must be force beyond that needed to penetration.
• CA: no resistance by the victim is required.
• but there must be enought force to "overcome will" of woman.

only requires force needed to penetrate.

• Intended to have sexual intercourse with the woman.
• knew she did not consent

• Defense: thought she concented
• subjective- d actuallly thought so and, objective- a reasonable person would have thought so.

• illegal because the law states its rape.
• illegal because it is prohibited
• Defintion: adults 18 year or older
• Minor younger than 18

• misdeamenor if less than 3 years difference
• mora than 3 years- can be a felony.

• intentional and
• unlawful
• harmful or affensive
• touching
• of another