Reading...
Play button
Play button
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;
30 Cards in this Set
- Front
- Back
|
define homicide
|
killing of a human being by another
|
|
|
what are the three categories of homicide?
|
justifiable, excusable, criminal
|
|
|
define a justifiable homicide.
|
killing of a human that is commanded by law
|
|
|
define an excusable homicide
|
killing of a human being by another due to ACCIDENT/MISFORTUNE with NO INTERVENING NEGLIGENCE
|
|
|
define a criminal homicide
|
killing of a human being by another that's neither excusable nor justifiable
|
|
|
what are the two categories of criminal homicide?
|
murder and manslaughter
|
|
|
define murder
|
homicide + malice
|
|
|
define voluntary manslaughter
|
1) adequate provocation
2) heat of passion |
|
|
define involuntary manslaughter
|
homicide + negligence
|
|
|
what's the mens rea of murder?
|
malice
|
|
|
define malice
|
intent to kill (actual/implied) under circumstances which do NOT constitute excuse/justification/mitigate charges down to manslaughter
|
|
|
malice exists if 1 out of what 4 components exists?
|
1)intent to kill
2)intent to inflict great bodily harm 3)abandoned & malignant heart doctrine (DEPRAVED HEART DOC.) 4)felony murder rule |
|
|
can intent to kill be implied?
|
yes
|
|
|
what is the deadly weapon doctrine (2 components)?
|
1) if a deadly weapon was used, then intent to kill may be inferred
2)deadly weapon = any instrument likely/calculated to produce death or serious bodily injury |
|
|
If the defendant intended to inflict bodily harm, not kill the victim, does it count as murder if the victim dies as a result of the bodily harm? why or why not?
|
-yes
-because of the intent to inflict great bodily harm satisfies the mens rea component of malice |
|
|
define the abandoned and malignant heart doctrine (AKA depraved heart doctrine)
|
awareness of a high risk of death or serious bodily injury (standard set by The Average Reasonable Person)
|
|
|
is the test for the Abandoned and Malignant Heart Doctrine objective? what is it?
|
-yes
-the average reasonable person |
|
|
what's the Felony Murder rule?
|
anytime death occurs during the commission of an inherently dangerous felony
|
|
|
what are the Inherently Dangerous Felonies?
|
1)Burglary
2)Rape 3)Arson 4)Robbery 5)Kidnapping 6)Drug Dealing |
|
|
what are the four elements that must be present for a murder to be mitigated down to a voluntary manslaughter?
|
1) elements of adequate provocation
2) defendant must have bee proked and the provocation must have caused the person to commit murder 3) interval between provocation and killing must not have been long enough for passion to cool 4)defendant must not have cooled off in between AP and murder |
|
|
what are the commonly encountered scenarios for voluntary manslaughter?
|
a) mutual quarrel or combat
b) adultery c) battery d) assault e) words of opprobium |
|
|
will words ALONE of opprobrium count as Adequate Provocation?
|
no
|
|
|
CAN battery count as Adequate Provocation? what are the conditions?
|
yes
so long as the defendant did not stimulate the battery |
|
|
can you have adultery without marriage?
|
no
|
|
|
Will adultery count as Adequate Provocation in court?
|
yes
|
|
|
if you do not find for murder, which do you analyze for next? Involuntary manslaughter or voluntary manslaughter?
|
involuntary
|
|
|
what are the elements of negligence
|
duty
breach causation harm |
|
|
define the misdemeanor manslaughter rule
|
involuntary manslaughter conviction is allowed if accidental death occurs during the misdemeanor
|
|
|
what are the 2 components of the misdemeanor manslaughter rule?
|
1) misdemeanor MUST be the CAUSE of death
2) any misdemeanor will suffice |
|
|
what are the inherently dangerous misdemeanors?
|
there aren't any.
|
