Question 2, February 00 Criminal Law

DRUNK CARRIE QUESTION 2, FEBRUARY 00 CRIMINAL LAW

BURGLARY Burglary is the breaking and entering the dwelling of another at night with the specific intent to commit a felony therein. Opening an unlocked door is breaking. We are given its evening. She took cash and jewelry, which is larceny, probably a felony. Larceny is the taking and asportation of personal property of another with the specific intent to permanently deprive. Carrie can be charged with burglary, but not larceny because it is a lesser included crime. ARSON Arson is the malicious burning of the dwelling of another. All elements are met. The house was Valerie's dwelling. Carrie certainly acted with at least malice. Carrie can be charged with arson. MURDER Common law murder is homicide with malice. Malice can be shown in four ways. Intent to kill murder, intent to seriously injure, depraved heart indifference or felony murder. Felony murder means a killing that takes place during the commission of a dangerous or listed felony. Arson is both a dangerous and a listed felony. Carrie can be charged with felony murder. INTOXICATION Voluntary intoxication can be a defense to specific intent crimes. Carrie may raise the defense in regard to the burglary but not the felony murder. Burglary is a specific intent crime. Felony murder based on arson is not a specific intent crime. OTHER POSSIBILITIES Voluntary manslaughter is intent to kill murder mitigated because of provocation. No. Involuntary manslaughter is negligent homicide. Carrie acted with more badness than negligence.