Flashcards

Front 1

Causation

Back 1

Other human's act must be the sole or concurrent substantial "but for" proximate cause of the death, not broken by an intervening superseding factor.

Front 2

Willful and Wanton Disregard of an Unreasonable Human Risk
(Depraved Heart)

Back 2

Creates malie even though there is no intent to kill or do great bodily harm.

Front 3

Extent of Recklessness
(Depraved Heart)

Back 3

The reckless conduct must involve a substantial or very high degree of risk to human life. The risk involved is to be assessed in light of what the defendant knows, and the risk taken must be unjustifiable under the circumstances.

Front 4

Intent to Commit a Felony
(Felony Murder)

Back 4

When death occurs during the commission or attempted commission of a dangerous felony, those committing the felony possess the necessary malice aforethought, even though they do not intend the killing.

Front 5

Second Degree Murder

Back 5

1. a killing with malice aforethought, but without premeditation and deliberation;
2. a killing which results from an act done with intent to do great bodily harm (regardless of whether done with premeditation and deliberation);
3. a killing which results from an act done with a wanton and willful disregard of an unreasonable human risk, and
4. in some juris., a murder committed in the course of a felony not listed under first-degree felony murder

Front 6

Second Degree Murder

Back 6

A killer may be incapable of premeditation when his capacity is prevented by intoxication, or feeblemindedness short of insanity.

Front 7

Second Degree Murder

Back 7

The majority of jurisdictions reduce murder to second degree on the grounds of diminshed mental capacity or voluntary intoxication.

Front 8

Involuntary Manslaughter

Back 8

An unintentional homicide, w/out malice, which is neither justified nor excused.