Nwculaw Criminal Law -Homicide

Front 1

HOMICIDE
The _____ of ________ by ________.

Back 1

The KILLING of ONE HUMAN BEING by ANOTHER HUMAN BEING.

Front 2

MURDER
The _____ of one human being by another human being with ___________.

Back 2

The KILLING of one human being by another human being with MALICE AFORETHOUGHT.

Front 3

FIRST DEGREE MURDER
Is murder by ____,___,___,____ and with _____ or murder that results from a death that occurred during the commissionof a _______ _______; in other words, through application of the __________.

Back 3

Is murder by POISON,LYING IN WAIT,TORTURE,MURDER DONE WILLFULLY,DELIBERATLY, AND WITH PREMEDITATION or murder that results from a death that occured during the commission of a DANGEROUS FELONY; in other words, through application of the FELONY MURDER RULE.

Front 4

SECOND DEGREE MURDER
________, in other words, those homicides committed with _____ _____ but which do not meet the requirements for _______.

Back 4

ALL OTHER MURDERS, in other words, those homicides committed with MALICE AFORETHOUGHT but which do not meet the requirements for MURDER IN THE FIRST DEGREE.

Front 5

MANSLAUGHTER
Is an unlawful _____ committed _____ _____ _____.

Back 5

Is an unlawful HOMICIDE committed WITHOUT MALICE AFORETHOUGHT.

Front 6

VOLUNTARY MANSLAUGHTER
Is the _____ _____ of a _____ _____ by another human being with _____ or with _____ but under_______.

Back 6

Is the UNINTENTIONAL KILLING of a HUMAN BEING by another human being with MALICE or with MALICE but under MITIGATING CIRCUMSTANCES.

Front 7

INVOLUNTARY MANSLAUGHTER
Is the ___ killing of a human being by ____ without ____ but under circumstances involving ________.

Back 7

Is the INTENTIONAL killing of a human being by ANOTHER HUMAR BEING without MALICE but under circumsances involving GROSS NEGLIGENCE.

Front 8

MALICE AFORETHOUGHT
Exists when the D has a "_____________" as evidenced by one of the following intentions:
1.An intent to ___ as expressed by the D.
2.An intent to ____________ as implied by the actions of the D.
3. A ____ and ____ disregard of human life as implied by the actions of the D.
4.An intent to ______as implied by the D's actions.
5. An intent to ________ as implied by the actions of the defendant

Back 8

Exists when the D has a "MAN ENDANGERING STATE OF MIND" as evidenced by one of the following intentions:
1.An intent to KILL as expressed by the D.
2.An intent to CAUSE SOMEONE SERIOUS BODILY HARM as implied by the actions of the D.
3. A WANTON and WILLFUL disregard of human life as implied by the actions of the D.
4.An intent to RESIST A LAWFUL ARREST IN A DANGEROUS MANNER as implied by the D's actions.
5. An intent to COMMIT A DANGEROUS FELONY as implied by the actions of the defendant

Front 9

WILLFUL
Means ___________.

Back 9

Means DONE WITH INTENT.

Front 10

DELIBERATION
Means ___________.

Back 10

Means TO CAREFULLY CONSIDER.

Front 11

PREMEDITATION
Means to _______________.

Back 11

Means to THINK OUT OR PLAN BEFOREHAND.

Front 12

ACTUAL CAUSE OR CAUSE IN FACT
Is that cause which _____, ____, or _______the act which follows and is determined by the "___" or "_____" test.

Back 12

Is that cause which STARTS, IGNITES, or MAKES POSSIBLE the act which follows and is determined by the "BUT FOR" or "SUBSTANTIAL FACTOR" test.

Front 13

PROXIMATE CAUSE
Is that cause which _____, ____, ____, causes ______, without which the injury would not have occurred.

Back 13

Is that cause which NOT-WITHSTANDING THE UNFORESEEABLE, INDEPENDENT, INTERVENING ACT, causes INJURY TO THE PLAINTIFF, without which the injury would not have occurred.

Front 14

THE INTENDED RESULTS DOCTRINE
Holds that if a person causes events to come about which obtain a _____, then that person's actions are _________ of the result even if the intervening act was ___ and _____.

Back 14

Holds that if a person causes events to come about which obtain a DESIRED RESULT, then that person's actions are STILL THE PROXIMAL CAUSE of the result even if the intervening act was INDEPENDENT and FORESEEABLE.
This doctrine states an exception to the otherwise applied rule of proximate cause.

Front 15

THE DOCTRINE OF CONTRIBUTORY CAUSES
Holds that when _____ brings about the result, then _________.

Back 15

Holds that when MORE THAN ONE CAUSE brings about the result, then BOTH ARE EQUALLY RESPONSIBLE.

Front 16

THE CORPUS DELICTI
Is the body of the crime, meaning the ______or______.

Back 16

Is the body of the crime, meaning the PRIMA FACIE CASE or ELEMENTS OF THE CRIME.

Front 17

MENS REA
Refers to ______or ______.

Back 17

Refers to a GUILTY MIND or GUILTY INTENTIONS.

Front 18

ACTUS REUS
Refers to the ____________.

Back 18

Refers to the OVERT ACT.

Front 19

MALUM IN SE
Refers to a _______, in other words, _____________.

Back 19

Refers to a WRONG IN ITSELF, in other words, SOMETHING NATURALLY EVIL.

Front 20

MALUM PROHIBITUM
Refers to something ________.

Back 20

Refers to something MADE WRONG BY LEGISLATION.