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15 Cards in this Set
- Front
- Back
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What is homicide? |
Causing the death of a human being by any means, directly or indirectly Can be culpable or non culpable |
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What is three different types of culpable homicide? |
Murder Manslaughter Infanticide |
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What are four ways the Criminal Code says that a person commits culpable homicide? (Actus reas) |
When they cause death:
By means of an unlawful Act;
By criminal negligence;
By threats, fear of violence, or by deception; or
By willfully frightening a child or sick person to death |
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Is the cause of death linked to the types of culpable homicide? |
No, The difference between culpable homicides lies in the accused persons State of Mind (mens rea) |
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What are the four ways in which culpable homicide becomes murder? (Mens reus) |
The accused meant to cause the victim's death Person caused the death of the victim and meant to cause bodily harm likely to cause death
Meant to kill one person but ended up killing the wrong person
Did an indictable offense for an unlawful purpose other than to injure the victim |
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In the second way for culpable homicide to be murder, what does the Crown prove? |
The accused person: Intended to cause the victim bodily harm Knew it was likely to cause death, and Acted recklessly weather death ensued or not * no proof of intent to kill is required here |
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In the 4th way for a culpable homicide to be a murder, what must be proven? |
Committed an indictable offence It cause the victim's death Knew Act was likely to cause death No proof of intent to kill is required |
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What is manslaughter? |
Culpable homicide that is not murder or infanticide is manslaughter
If you do the actus reus, but don't have mens rea for murder |
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What is manslaughter by criminal negligence? (Or criminal negligence causing death) |
When a person causes death by unlawful act or by criminal negligence
The crown must prove a marked and substantial departure |
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What is first degree murder? |
Murder that is planned and deliberate |
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What is planned and deliberate? |
Planned: a calculated scheme or design that has been carefully thought out Deliberate: more than intentional, the act must be considered |
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When is a child considered a human being? |
When it has completely proceeded from the body of it's mother
In a living state
Whether or not it can breathe on its own |
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When can the crown charge someone with infanticide? |
A woman who is disturbed by lactation Within less than a year of the birth |
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Why would someone want to go with infanticide? |
b/c it gets you the lowest sentence possible when compared to murder and manslaughter
Max 5 years |
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What is 2nd degree murder? |
All murder that is not first degree murder
subjective intent |
