Minimal things, normally in the locutions

CRIM LAW

9.21.09

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  De Minimis (…is not …us)
  
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    “minimal things, normally in the locutions de minimis non curat praetor ("the praetor (government official) does not concern himself with trifles") or de minimis non curat lex ("the law does not concern itself with trifles")^[1]…
    
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    Courts will occasionally not uphold a copyright on modified public domain material if the changes are deemed to be "de minimis". Similarly, courts have dismissed copyright infringement cases on the grounds that the alleged infringer's use of the copyrighted work (such as sampling) was so insignificant as to be "de minimis".^[3] However, this ruling, in Bridgeport Music, Inc. v. Dimension Films, was overturned on appeal and the appeals court explicitly declined to recognize a de minimis standard for sampling.” (WIKI; http://en.wikipedia.org/wiki/De_minimis)
    
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  People v. Pouncey
  
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  Volutary Manslaughter
  
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    Distinguished from 2^nd Degree Murder by “adequate provocation” (see p. 305 middle)
    
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    Procedure
    
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      Prosecution first proves the elements of murder
      
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      THEN defense raises “heat of passion” as a type of defense to bump it to voluntary manslaughter
      
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    Adequate provocation
    
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      In ordinary person’s mind
      
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      To cause him to lose self-control
      
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    Examples
    
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      Serious battery or threat of deadly force
      
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        How is this difference from self-defense?
        
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          Self-defense acquits defendant from all possible fault
          
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    Inadequate provocation
    
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      “Mere words”
      
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        Common Law Rule
        
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        Exception: I did it
        
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    Imperfect self-defense
    
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      If  is at fault stating the altercation, OR
      
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       unreasonably but honestly believed in the necessity of responding with deadly force
      
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    State v. Williams (p.308)
    
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      What is the standard of culpability?
      
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        Who is the “reasonable” or “ordinary” person?
        
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          Ordinary person of this person’s education and sophistication level?
          
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            What is in their head doesn’t matter at all
            

Involuntary Manslaughter

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  Recklessness? Gross negligence? Simple Negligence?
  

Felony murder (1^st degree)

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  Killing (even an accidental one)
  
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  During the commission of an inherently dangerous felony
  
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    Many states will enumerate the eligible felonies
    
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    Unlisted felonies bring only 2^nd degree felony murder
    
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  Mental State?
  
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    “Malice aforethought” is inferred from the intent to commit the underlying felony
    
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  Hines v. State (p.318)
  
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    Do we analyze the crime in the abstract or “as committed”?
    
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      The courts upheld the conviction
      
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    What connection must exist between the crime and the harm (the death)
    
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      “but-for causation”?
      
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      Must the harm be foreseeable?
      
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      Inherently dangerous crimes only, does the harm have to come from that danger?
      
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        Freak accidents happen
        
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  Intent
  
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    A strict liability crime?
    
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      What mens rea is required?
      
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      The intent of the underlying felony
      
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    How do we justify such heavy punishment for unintentional conduct?
    
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      What if the accused is not even negligent?
      
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      What if the death is unforeseeable?
      
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  Limitations
  
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    Enumerated crimes or inherently dangerous crimes
    
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    “In furtherance of” (in some jurisdictions)
    
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    Causal link between felony and death (res gestae)
    
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    Merger
    
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      If A is coming to B, intending to cause serious bodily injury (not to kill)
      
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        2^nd degree murder not 1^st because he had no intent to kill
        
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      When the underlying felony involves the intent to do serious bodily harm
      
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      E.g. assault/batter (and burglary? See Contreras)
      
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        As opposed to an “independent felony” with different intent
        
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    Agency theory- if killer is non-felon (see Sophophone)
    
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      Agency theory is the majority view
      
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    Proximate cause theory (Florida)
    
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      Individuals created scene