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91 Cards in this Set
- Front
- Back
Modern Law crimes are divided into what classifications?
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Felony
Misdemeanor Infraction |
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Motive
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is evidence or "mens rea" but not an element of a crime.
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(Modern Law) Excusable homicides? Justifiable homicides?
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Excusable homicides are no longer punishable. Justifiable homicides are significant only in limited circumstances.
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Infractions
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are typically violations of regulatory offenses which are punishable by monetary sactions only. They did not exist at common law.
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Implied Malice (Common Law)
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when perpetrator shows a depraved heart, a wanto disregard for human life OR an intent to inflict serious bodily injury.
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Malum prohibitum
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refers to a statutory crime which forbids conduct which is not inherently wrong or immoral.
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Examples of crimes which merge into other crimes:
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Solicitation to commit a crime merges into conspiracy to commit a crime. Attempt to commit a crime merges into the target crime.
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Express Malice (Common Law)
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when the perpetrator manifests a deliberate intention to cause death unlawfully
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Felony murder rule - malice aforethought is ...?
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Implied by the perpetrator's intent to commit an inherently dangerous felony.
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The corpus delicti must be established independent of..?
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any any out-of-court admissions or confessions of the accused.
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To what degree is the prosecution required to establish the proof of the corpus delicti?
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Proof need not be as clear and convincing as is necessary to establish guilt.
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When a federal criminal statute names a crime without defining it ...?
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The crime is defined by common law.
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First Degree murder and Voluntary Manslaughter share the element of ..?
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INTENT. First degree murder also requires PREMEDITATION and DELIBERATION.
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Involuntary Manslaughter (Modern Law)[Sometimes called misdemeanor manslaughter]
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is the unintentional killing of another committed during the performance of an unlawful act not amounting to a forcible felony OR a lawful act carried out negligently, but w/out extreme recklessness
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What Doctrine provides that under thefelony murder theory, the underlying felony must be "independent" of the killing?
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The Felony Murder Merger Doctrine
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Voluntary manslaughter may also arise in cases of imperfect self defense. An imperfect self-defense is?
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A homicide where the use of force leading to the killing is based on an honest, but unreasonable belief in the need to use such force.
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Adequate provocation requires?
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1. Actual provocation of the accused.
2. that a reasonable person in similar circumstances would have been provoked. 3. that the accused did not cool off before the killing AND 4. a reasonable person would not have had time to cool off. |
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Where "words alone" are not adequate provocation -Informational words convey?
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An act which itself would be reasonable provocation.
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Voluntary Manslaughter (Modern Law)
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The intentional killing of another committed in the heat of passion and with adequate provocation.
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Heat of Passion encompasses?
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emotions of rage and anger as well as any other violent or intense feelings.
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In a majority jurisdiction death must occur within ...? (Common Law)
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One year and one day after the act which caused the fatal injury.
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A "theory" to establish the crime of murder but not a crime in itself. Defines?
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(Common Law) Felony murder rule
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(Modern Law)The Intent to kill is
1. Willful if? 2. Deliberate if? 3. Premeditated if? |
Willful if an intention to kill exists. Deliberate if the intention is purposeful and by design.
Premeditated if the decision to kill was reflected upon, if only briefly. |
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(Common Law) If the accused killed as a result of provocation, what type of murder was this?
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Manslaughter (Words alone were not adequate provocation)
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Second degree murder and involuntary manslaughter LACK the element of ..?
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INTENT. If the conduct that caused the killing is DEPRAVED or indicates a HARDENED HEART, this points to second degree murder.
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When can Out-of-Court admissions or confessions of the accused may be introduced as evidence against the accused?
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Once the corpus delicti has been established by independent eveidence.
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Merger Doctrine
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when a person commits a crime including lessser offenses, the lesser included offenses merge into the former and only the most serious offense
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The modern trend for premeditation?
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Is to narrow the time of reflection required.
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The corpus delicit of arson at common law is established by..?
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proof of the burning of a "dwelling house" by the "criminal agency of another"
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The corpus delicti of murder is established by proof of:
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1. a death
2. caused by the criminal agency of another. |
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Manslaughter (Common Law)
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the unlawful killing of another without malice aforethought.
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When a federal criminal statute uses a common law term without defining it ...?
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the term is given its common law meaning.
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At Modern Law, if the victim's body is absent, the corpus delicti may be established ...?
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circumstantially. i.e. through proof of criminal violence adequate to produce death and which accounts for the disappearance of the body.
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Petit Treason included the killing of?
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a. a husband by his wife
b. a master or mistress by a servant. c. a prelate by a clergyman. |
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Can a person convicted of a misdeamenor in one jurisdiction be considered a felon in another jurisdiction?
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Yes. Person convicted in a minority state punishable by one year or more;sentenced to less than a year|Majority state considers person a felon
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Four elements of a crime include?
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a. Mens Rea
b. Actus Reus c. Concurrence d. Causation |
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Can Burglary serve as an underlying felony for felony murder?
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Not when the accused intended to commit the murder "therein"
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In what jurisdiction must Felony murder be the "cause in fact" of the death, not the "proximate (legal) cause?
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Majority jurisdiction
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(Modern Law) First Degree felony murder?
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Is a killing committed during the perpetration or attempt to perpetrate an inherently dangerous felony or one of the statutorily defined felonies.
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First degree felony murder (Modern Law) most jurisdictions include?
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Burglary, Arson, Robbery, Kidnapping and Rape (BARKR)
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Any killing that is not justifiable or excusable is?
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a criminal homicide
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A Crime is defined as?
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Any social harm defined and made punishable by law. It can be an affirmative act or an omission to act where there is a duty to act.
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Res gestae
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The res gestae of a crime is the "whole" crime, including all circumstances so closely connected to it that they are part of the crime.
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Actus Reus
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the necessary criminal act or omission
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At common Law death occurs when..?
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there is a permanent cessation of heart beat and respiratory functions.
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(Modern Law) Unlawful Homicide is generally divided into four categories:
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1. First Degree Murder
2. Second Degree Murder 3. Voluntary Manslaughter 4. Involuntary Manslaughter |
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Felony murder rule - proof must be offered of ..?
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the "intention" to commit the underlying felony.
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Mens Rea
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The necessary criminal mental state or criminal thought
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Common Law Crimes
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Treason
Felony misdemeanor |
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Second Degree Murder (Modern Law)
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The unlawful killing of a human being with malice aforethought that does not amount to first degree murder.
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An intentional killing during a felony where the intent to murder is derived from the intent to commit the felony. Defines?
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Felony Murder.
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Can assault with a deadly weapon serve as the basis for felony murder?
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No, assault merges with homicide.
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Examples of crimes which merge into other crimes - Continued:
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Larceny and ssault merge into robbery. Assault may merge into Battery. False imprisonment merges into Kidnapping.
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Felony murder (Common Law)
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is a killing committed during the perpetration of a felony.
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Concurrence
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simultaneous occurrence of mens rea and actus reus (except in the case of "continuing trespass" for the crime of larceny)
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Malice aforethought (Common Law)a life-threatening state of mind may be either:
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1. Express
2. Implied |
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Causation
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the act must be the actual and the proximate (or legal) cause of the harm.
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Felony murder rule the homicide must be within the ...?
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res gestae (the whole of the crime, including all circumstances connected to it) of the felony committed.
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Minority Jurisdiction
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a felony is a crim for which a sentence of one year or more is actually imposed.
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Corpus Delicti
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the body and substance of the crime which ordinarily includes: The act and the criminal agency of the act.
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Misdemeanors
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are crimes which are not felonies and are typically punishable by fines and/or imprisonment for less than one year - usually county jail
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Michigan (Limitations on felony murder rule)
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Michigan is the only state with NO felony murder rule.
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A co-felon may be liable for felony murder as a result of ..?
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Vicarious Liability (ability that a supervisory party (i.e. EMP) bears for a subordinate or associate (i.e EE) due to the relationship)
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Examples of crimes which DO NOT merge into other crimes:
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conspiracy to commit a crime does not merge into the target crime. Forgery does not merge into Uttering.
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Is the identity of the perpetrator part of the corpus delicti?
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No. Therefore, it may be established by an out-of-court admission or confession of the accused.
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Washington Rule (Limitations on felony Murder)
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Under Wash rule, the Felony Murder rule applies in the death of a co-felon only if the felons initiated the use of deadly force.
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What are the 3 limitations on felony murder rule?
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1. Redline Jurisdiction
2. Washington Rule 3. Michigan |
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(Modern Law) A death occurs when...?
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There has been "irreversible cessation of all brain functions" which, in the absence of mechanical life-support, would result in cessation of heartbeat and respiratory functions.
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Some jurisdictions offer the additional classification of "special circumstances" for murder - what are they?
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a.Isolates certain types of murders: policeman or committed by someone with prior criminal convictions.
b. allows for the death penalty |
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Treason - at early common law was punishable by death and was divided into:
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1. High Treason - crimes against the king.
2. Petit Treason - crimes against lessor officials |
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Majority jurisdiction
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a felony is a crime for which a person MAY BE SENTENCED to one year or more of imprisonment.
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Malum in se
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a crime that is wrong in itself or morally culpable. Such crimes are often referred to as "true crimes"
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A human being at common law is defined as?
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a person "born alive"; the killing of a fetus is not considered homicide at common law.
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The perpetrator usually manifests a depraved or hardened heart w/ indifference to the high risk of death or great bodily injury that may result form his behavior under the mens rea of what type of murder?
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Second Degree Murder (Modern Law)
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Infamous crimes involve?
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Moral turpitude
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Modern Law Felony
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crimes punishable by imprisonment for one year or more, typically served in teh state penitentiary.
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Second Degree Felony Murder (Modern Law)
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Is a killing committed during the perpetration or attempt to perpetrate an inherently dangerous felony not defined by statute or first degree felony murder.
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Unlawful Homicide
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is the killing of a human being by another committed without lawful excuse or justification
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Void for Vagueness Doctrine:
A statute or ordinance must give? |
a person of reasonable intelligence - fair notice - that the person's comtemplated conduct is forbidden. (True crimes are presumed not to be subject to claims of the void/vagueness doctrine.)
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Murder (Common Law)
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the unlawful killing of another with "malice aforethought"
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First Degree Murder (Modern Law)
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The unlawful killing of a human being with malice aforethought and with an intent to kill that is willful, deliberate and premeditated to cause death
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Moral turpitude normally means?
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the violation of accepted moral standards, including dishones acts.
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Redline Jurisdiction (limitations on felony murder)
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holds that liability for murder cannot be based on the death of a co-felon at the hands of the victim, the police or another felon.
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(Common Law)Felonies included:
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Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem and Burglary. [Punishable by death and forfeiture of lands and goods to the crown.] MR MRS LAMB
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Excusable Homicide (Common Law)
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is a criminal killing where the killer is at fault to some extent, but where the circumstances do not justify infliction of full punishment
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Void for Vagueness Doctrine
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Pursuant to the "due process clauses" of the 5th/14th amendments; statute incapable of being understood by common intellegence is void/vagueness
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For what degree of murder are these two conditions required?
1. There must be a consciousness of peril or probable peril that the perpetrator disregards. 2. It requires malice aforethought without the intent to kill that is willful, deliberate and premeditated. |
Second Degree Murder (Modern Law)
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Justifiable Homicide (Common Law)
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is a killing commanded or authorized by law and is not punishable.
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Either or both of the two elements of Corpus Delicti (The act AND the criminal agency of the act) may be proved by?
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direct or circumstantial evidence.
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The Corpus delicti of a crime (the objective proof that a crime has been committed) must be established before..?
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a person can be brought to justice for that crime.
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The presence of the body of the alleged victim was an essential element in establishing the corpus delicti of murder AT ....?
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Common Law
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