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15 Cards in this Set

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  • Back
CL Homicide Definition
The unjustified & unexcused killing of a human being
CL M
Killing w/malice aforethought meaning an intentional, preplanned, deliberate killing, motivited by ill will
express = calculated killings
implied = extr. reckless or wanton conduct (depraved heart)
a. M1 (execution)
b. M2
Manslaughter
a. Voluntary
b. Involuntary
Depraved heart killing
While maybe not intending death, acted in a way that they knew created a very high risk of it & didn't care whether it occurred or not
M1
Premediated - crim thought about killing their V. (even only few sec.)
Deliberated - crim brood over it
Willfully - crim then killed
M2
Default pos.
If killing not premeditated, deliberate, & willful
MPC M
abolishes degree sys.
Death penalty for those who kill w/P,K, or R (manifest extreme indifference to the value of human life - malignant heart murders)
MPC M, R
req. D to subjectively recognize the risk of death
Felony Murder
any death occurring during the course of a felony (SL)
MPC FMD
robbery, rape, arson, burglary, kidnapping, or felonious escapes
Manslaughter
an unlawful homicide w/o malice aforethought
Vol. Manslaughter
killing done on a sudden in the heat of passion after adequate provocation
legally adequ. prov.: battery, mutual comba, aggrav. assault, adultery, illegal arrest
Invol. Manslaughter
merely reckless (but not the result of the depraved heart) or crim. n killing
Reasonable Man Test
Adeq. legal prov. is anything that could cause the reasonable man to act
MPC manslaughter
if done under extreme emo distress for which there is a reasonable explanation
R & N manslaughter
R: done w/subejective awareness of risk of death but not under circumstances manifesting ex. indifference to the vlaue of human life
N: no actual awareness of risk but a gross deviation from standard of care - punished less severely than manslaughter