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15 Cards in this Set

  • Front
  • Back
Death of a person caused by another person
Elements of Homicide
1. Death of a person
(born and still alive)
2. By another person
Year and a Day Rule
Victim has to die within
1 year and 1 day of the
acts of the defendant.
(Not applicable in Maryland)
MURDER is the Intentional Killing of Another committed with malice aforethought and without Justification, Mitigation or Excuse
- Killing of Another
- Malice Aforethought
- No Justification, Mitigation or Excuse
The Two Types of Murder are:
1. First Degree Murder

2. Felony Murder
Intent to Kill or Express Malice can be either:
Desiring an unlikely result or
Not desiring the result, but making it inevitable.
Use of a Deadly Weapon can Infer the Intent to Kill
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.
Intentional Killings by Non-Action or Use of Mere Words
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
Intent to Kill can Be Transferred
A expressly intends to kill B, but missed and kills C. The intent to kill B is 'transferred' to C.
Intent to do Serious Bodily Harm can equate to malice aforethought
...When the person acts with Intent to Cause Serious Bodily Harm and the Victim Dies as a Result.
First Degree Murder includes two types ...
1. Premeditated/Deliberate Murder
2. Felony Murder (M during commission of inherently dangerous Felony)
The Inherently Dangerous Felonies are
Mayhem, Rape, Sodomy, Burglary, Arson, Kidnapping, Escape, Robbery.
An Unintentional Killing will be First Degree Murder if it occurs...
During the commission of a MRS BAKER felony.
Other Jurisdictions call it First Degree Murder when ...
Lying in Wait, Poisoning, Torture, or extreme cruelty.