Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
15 Cards in this Set
- Front
- 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 |
