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13 Cards in this Set
- Front
- Back
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Two Divisions of Common Law Homicide?
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(1) Murder
(2) Manslaughter |
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killing with malice aforethought
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Murder
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killing without malice aforethought
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Manslaughter
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Term of art used to tell us which crimes fall into the category of murder.
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"malice aforethought"
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What do we mean by "positive categories" of Common Law Homicide?
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Positive Categories: ones that would make a homicide murder.
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What do we mean by "negative categories" of Common Law Homicide?
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Negative Categories: ones that would make homicide manslaughter.
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What are the "positive categories" of Common Law Homicide?
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(1) Intent to Kill [theories of malice] (+)
(2) Depraved Heart Killing (+) (3) Intent to do serious bodily harm (+) (4) Felony Murder (+) |
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What are the "negative categories" of Common Law Homicide?
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(5) Absence of adequate provocation to eliminate malice (-)
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Three types of Common Law Homicide?
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(1) Heat of Passion
(2) Criminal Negligence (3) Misdemeanor Manslaughter |
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Heat of Passion Killing is ______ that negates malice aforethought; and is a _____ killing.
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1. Heat of Passion (HOP)
a. Provocation negates malice aforethought b. Intentional killing |
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With Criminal Negligence the D is _____ aware of a ____/_____ risk.
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Criminal Negligence
a. DEF subjectively aware of gross/unjustifiable risk. |
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Criminal negligence has NO ________________________.
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NO malice aforethought.
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With Misdemeanor Manslaughter, the victim is killed while......?
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Victim killed while D is committing a misdemeanor crime.
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