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15 Cards in this Set
- Front
- Back
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Define HOMICIDE
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HOMICIDE is
Death of a person caused by another person |
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Elements of Homicide
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1. Death of a person
(born and still alive) 2. By another person |
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Year and a Day Rule
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Victim has to die within
1 year and 1 day of the acts of the defendant. (Not applicable in Maryland) |
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Define MURDER
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MURDER is the Intentional Killing of Another committed with malice aforethought and without Justification, Mitigation or Excuse
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ELEMENTS of MURDER
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Intentional
- Killing of Another - Malice Aforethought - No Justification, Mitigation or Excuse |
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The Two Types of Murder are:
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1. First Degree Murder
2. Felony Murder |
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Intent to Kill or Express Malice can be either:
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Desiring an unlikely result or
Not desiring the result, but making it inevitable. |
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Use of a Deadly Weapon can Infer the Intent to Kill
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This doctrine says that a jury can find intent to kill merely from the weapon used. The presumption is that the suspect had the intent to kill because he used the weapon.
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Intentional Killings by Non-Action or Use of Mere Words
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WORDS - Lying to a Blind Man that all is Clear when you know its not.
Inaction - Leaving a cripple to die on a railroad track |
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Intent to Kill can Be Transferred
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A expressly intends to kill B, but missed and kills C. The intent to kill B is 'transferred' to C.
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Intent to do Serious Bodily Harm can equate to malice aforethought
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...When the person acts with Intent to Cause Serious Bodily Harm and the Victim Dies as a Result.
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First Degree Murder includes two types ...
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1. Premeditated/Deliberate Murder
2. Felony Murder (M during commission of inherently dangerous Felony) |
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The Inherently Dangerous Felonies are
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MRS BAKER
Mayhem, Rape, Sodomy, Burglary, Arson, Kidnapping, Escape, Robbery. |
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An Unintentional Killing will be First Degree Murder if it occurs...
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During the commission of a MRS BAKER felony.
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Other Jurisdictions call it First Degree Murder when ...
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Lying in Wait, Poisoning, Torture, or extreme cruelty.
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