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9 Cards in this Set

  • Front
  • Back
First Degree Murder
Intentional Murder with special circumstances:

1. Police
2. Judge
3. Witness
4. Murder for Hire
5. Terrorism
6. INTENTIONALLY killed more than one person in same criminal transaction or flight
7. Torture murder
8. Nonparticipant in felony INTENTIONALLY killed
9. Jail - Currently in custody or escaped life sentence (no intent)
10. Serial murder
Second Degree Murder
1. Intentional
2. Highly Reckless
3. Felony Murder
Second Degree Murder - Intentional Murder
When a person with INTENT TO CAUSE DEATH of another,

CAUSEs DEATH of such third person or any other person.

Affirmative defenses:
* Extreme emotional disturbance
* Aiding a suicide
Second Degree Murder - Highly Reckless Murder
Demonstrating DEPRAVED INDIFFERENCE to human life,

person RECKLESSLY engages in conduct that creates a

GRAVE RISK OF DEATH to another person, and thereby

CAUSES THE DEATH of another person

*Doesn't intend to cause serious bodily harm*
Second Degree Murder - Felony Murder
ALL PARTICIPANTS in the felony may be convicted of felony murder.

Only the co-felon who intentionally murdered will be tried for First Degree Murder.

Death of victim may occur at any time.
Felony Murder Accomplice Affirmative Defense
1. Did not commit or aid commission
2. Not armed
3. No reasonable grounds to believe others were armed
4. AND
4. He had no reason to believe any participant intended to engage in conduct likely to result in death.
First Degree Manslaughter
1. Serious Bodily Harm Resulting in Death

2. Extreme emotional disturbance (heat of passion)

3. Unjustifiable abortional act - more than 24 weeks.
Second Degree Manslaughter
1. Reckless - Conscious disregard of substantial risk.

2. Abortional - commits abortional act which causes woman's death

3. Aiding in suicide - If the D used duress or deception on the victim, the crime is second degree manslaughter
Criminally Negligent Homicide
Where one causes the death of another due to the FAILURE TO PERCEIVE A SUBSTANTIAL AND UNJUSTIFIABLE RISK OF DEATH.

1. D must be culpable and
2. Risk must have been foreseeable.

Usually auto deaths.