Crim Law Fall 2006

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HOMICIDE

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The killing of a human being (or fetus) by another human being

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MANSLAUGHTER

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C/L - unlawful homicide without malice aforethought
M/L - voluntary (w/ malice) & involuntary (w/out malice)

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VOLUNTARY MANSLAUGHTER

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intentional homicide with malice which is mitigated by justification or excuse; "heat of passion", must have adequate provocation and no cooling period

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INVOLUNTARY MANSLAUGHTER

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unintentional homicide without malice caused by negligence (reckless disregard of a risk)

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VEHICULAR MANSLAUGHTER

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killings committed with gross negligence or during unlawful operation of a motor vehicle

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MURDER

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homicide with malice aforethought

M/L- FIRST AND SECOND DEGREE

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FIRST-DEGREE MURDER

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1) killing of another with malice (willful, premeditated, deliberate) aforethought
2) committed in a statutorily specified manner
3) certain types of felony murders (BARKRM)

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SECOND-DEGREE MURDER

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killing of another with malice but lacks the elements of malice

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FELONY-MURDER RULE

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provides that any killing that occurs during the perpetration of an inherently dangerous crime, or attempt, attempted escape or escape, will be murder

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MALICE

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is the unjustified, unmitigated, inexcusable harm causing state of mind

Malice can be shown in 4 ways:
1) Intent to kill
2) Intent to cause SBH
3) Wanton disregard for the lives of others
4) FMR murders

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EXPRESS MALICE

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intent to kill, or intent to cause SBH to the victim

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IMPLIED MALICE

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D acted with extreme indifference to the value of huma life (gross recklessness)

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MERGER DOCTRINE

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if the underlying felony is just a step toward causing death, it merges with the resulting homicide

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ASSAULT

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C/L attempted battery, unlawful and offensive touching of another person
M/L attempted battery and to place V in apprehension of imminent battery

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AGGRAVATED ASSAULT

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crime of physically attacking another person which results in SBH and/or is made with deadly or dangerous weapon