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;
13 Cards in this Set
- Front
- Back
|
Homicide
|
Any person who commits one of the following offenses is guilty of a felony:
-capital murder -first degree murder -second degree murder -voluntary manslaughter -involuntary manslaughter |
|
|
Evidence of Homicide: corpus delicti
|
Proof of victims death and proof that it resulted from the criminal act or agency of another
|
|
|
Year and a day rule
|
VA does not use the year and a day rule
|
|
|
Malice
|
Malice is evidenced when:
-defendant acts with a sedate and deliberate mind and formed design; or -commits any purposeful and cruel act without any or without great provocation. Malice generally requires wrongful act be done willfully or purposefully. Malice distinguishes murder from manslaughter. It is a question for the trier of fact. |
|
|
Presumption
|
Every unlawful homicide is presumed to be second degree murder
|
|
|
Capital Murder
|
Willful, deliberate, and premeditated killing:
-in an abduction -for hire -by an inmate of correctional facility -during a robbery or attempted robbery -during or subsequent to rape -of a law enforcement officer -during manufacture or sale of controlled substances -of a person under age 14 -terrorism -of a judge -of a wit in a criminal case |
|
|
Joint participant liability
|
Where two or more persons take a direct part in inflicting fatal injuries, each is an immediate perpetrator for purposes of capital murder
|
|
|
First degree murder
|
Murder committed by:
-poison -lying in wait -imprisonment -starvation or -any willful deliberate and premeditated killing that does not fall within capital murder |
|
|
Felony murder
|
Murder committed during
B A R R K |
|
|
2 classes of Felony Murder
|
First degree: BARRK
Second Degree: accidental murder committed contrary to the intention of the parties carried out in a felony not listed under first degree felony murder |
|
|
Liability of Co-felons
|
a participating felon is guilty of felony murder when a co felon or by someone acting in concert kills
co felon not guilty of one of perpetrators is killed by victim during initial crime |
|
|
Manslaughter
|
Voluntary: the unlawful killing without malice. Killing based on provocation in heat of passion
Involuntary: accidental killing of a person during an unlawful act or criminal negligence |
|
|
Driving under the influence
|
A person who unintentionally causes the death of another person as a result of driving under the influence in violation of law is guilty of involuntary manslaughter
|
