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11 Cards in this Set
- Front
- Back
First Degree Manslaughter
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-idea that a "reasonable person" may lose control, not murder but not excusable
-"Heat of the Moment" -when committing a gross misdemeanor or a misdemeanor -up to 15 years and/or $30,000 |
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Second Degree Manslaughter
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-death resulting from negligence
-death from hunting negligence -death by setting a trap -death from a vicious pet -up to 10 years and/or $20,000 |
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Criminal Vehicular Homicide
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-causing death while operating a motor vehicle- to a person or unborn child
-acting grossly negligent manner -alcohol level of over .08, even if not negligent -up to 10 years and/or $20,000 -for "great bodily injury" penalty is up to 5 years and/or $10,000 |
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Homicide
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-the killing of one human being by another
-most serious of all acts -can be either criminal or noncriminal |
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Criminal Homicide= Murder
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killing with malice
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Malice
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intent to kill
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Noncriminal Homicide
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-not crimes at all-justifiable or excusable
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Justifiable
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-sometimes it is legal to kill another
IE- police officer in line of duty |
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1st Degree Murder
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-premeditated
-cause of death while 1st or 2nd degree sexual assualt -cause of death while committing or attempting to commit another 1st or 2nd degree felony -cause death to a peace officer while on duty -cause of death in act of child abuse when a pattern of abuse has been established -min. 30n years max. life |
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2nd Degree Murder
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-cause death w/ intent, but w/o premeditation
-cause death while attempting another felony -max. 40 years |
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3rd Degree Murder
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-w/o intent, cause the death of any person by penetrating an act eminently dangerous with no regard for human life
-the depraved mind -not more than 25 years -w/o intent, causing death by distribution or giving away of a controlled substance-selling drugs -not more than 25 years and/or $40,000 |