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9 Cards in this Set
- Front
- Back
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Degrees of Murder
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Only Statutory not Common Law
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Common Law Murder
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Unlawful Killing (neither justifiable nor excusable) with malice aforethought
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Does Malice mean Intent?
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No. It can be satisfied by intent but also by a depraved heart
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What is Depraved Heart
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The actor disregards an unreasonably high risk of harm to human life
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If the defendant satisfies the test for intentional murder what else should you look for?
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Was there sufficient provocation by the victim to knock the conviction down to voluntary manslaughter
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Is provocation objective or subjective?
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Both, it must be of a kind that would provoke THIS defendant to kill and of a kind that would provoke a reasonable person to kill. Also the defendant must not have cooled off when the killing takes place and a reasonable person would not have cooled off in these circumstances
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What are the two types of involuntary manslaughter?
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Criminal negligence and misdemeanor manslaughter
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Criminal Negligence
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The Defendant ignores a risk of harm to human life, and the risk is less than the risk represented by depraved heart
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Misdemeanor Manlslaughter
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The misdemeanor equivalent of felony murder
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