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;
16 Cards in this Set
- Front
- Back
|
Common Law Homicides |
1. First Degree Murder 2. Second Degree Murder 3. Voluntary Manslaughter 4. Felony Murder 5. Murder by Extreme Recklessness/DepravedHeart 6.Involuntary Manslaughter 7.Reckless Manslaughter 8. Murder with intent to inflict SBH |
|
|
MPC Homicides |
*No Degrees 1. Murder 2. Manslaughter 3. Voluntary Manslaughter 4. Involuntary Manslaughter 5. Negligent Homicide |
|
|
Common Law Murder Elements |
1. Malice aforethought A. intent to kill i. deadly weapon on vital part of body ii.natural and probable consequences B. actual cause i.but for C.proximate cause i.foreseeable |
|
|
Common Law First Degree Murder |
1. Intent with premeditation A. Carroll i. intent = premeditation B. Guthrie ii. reflection/deliberation =premeditation a. emotional state may indicate no premeditation b. premeditation does not transfer with out intent C. Guthrie Not Met ii. second degree murder |
|
|
Common Law Voluntary Manslaughter |
1. kill in the heat of passion
2. must have been adequate provocation i. JX differences on words may be enough, not generally 3. before cooling time 4.reasonable person standard i.jury weighs actors distinctive characteristics a. physical make up b. knowledge/experiences c. temperament not considered 5. JX differences on killing anon-provoking party |
|
|
Common Law Felony Murder |
1. Causes a death 2. in thecommission of a felony i. attempting ii. committing iii. fleeing until safety 3. Felony must be inherently dangerous i. dangerous in the abstract ii. dangerous in the commission 4. independent felony requirement i. must not be the only purpose to commit the injurious act |
|
|
Common Law Involuntary Manslaughter |
4. Involuntary Manslaughter 1. Kill 2. with negligence
|
|
|
Common Law Gross Reckless Manslaughter |
1. Gross deviation for standard of care 2. creates a substantial and unjustifiable risk of death 3. death results |
|
|
Common Law Murder by extreme recklessness or depraved heart |
1. callously disregard a substantial and unjustifiable risk (Russian roulette case) i. probability analysis a. the greater the risk, the more likely it is extreme recklessness |
|
|
Common Law Murder with intent to inflict SBH |
1. intent to commit SBH 2. death results i. death was unintentional a. only SBH was intentional 3. must be grave BH i. trivial is not sufficient |
|
|
MPC Murder |
1. purposefully or knowingly killed 2. recklessly killed with extreme indifference to value of human life 3. willful, deliberate, and premeditated killing |
|
|
MPC Manslaughter |
1. Recklessly; or 2. killed under extreme emotional or mental disturbance i. must be a reasonable explanation or excuse for the disturbance a. POV is judged by the actors situation |
|
|
MPC Voluntary Manslaughter |
1. Extreme mental or emotional disturbance at the time ofthe killing i. no provocation required ii. many ways including long standing distur- bances 2. reasonable explanation or excuse for the disturbance i. considered from the defendant’s perspec- tive ii. physical condition taken into consideration a. psych condition not taken into account |
|
|
MPC Involuntary Manslaughter |
1. Kill 2. with recklessness i. known from the defendant’s perspective 3. Recklessness defined: i.could the jury find a unjustified substantial risk ii.with a conscious disregard for that risk |
|
|
MPC Negligent Homicide |
Negligent Homicide 1.committed negligently |
|
|
Causation |
1. foreseeability of the superseding cause 2. defendant’s contribution to the result 3. was the intervening cause a response to the defendant’s own actions 4. did the defendant still intend the ultimate re- sult. |
