Additional Qs re Criminal Homicide Flashcards

1
Q

Murder, manslaughter, criminal negligent homicide or aggravated homicide is:

A

Criminal homicide

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2
Q

In addition to premeditation and committing with intent, what is needed for aggravated murder?

A

The intent needs to be to

a) intimidate, injure or coerce civilians;
b) influence policy of a government by coercion or intimidation;

OR

c) affect the conduct of a government through destruction of property, murder, kidnapping, or aircraft piracy

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3
Q

You have aggravated murder with murder 2 and the addition of what circumstances?

A

1) Murder 2 was committed while defendant was confined in state, county or municipal, or correctional facility or otherwise in custody AND
- defendant was previously convicted in any jurisdiction of any homicide, the elements of which constitute aggravated murder or murder 1;
2) Murder 2 was premeditated and committed intentionally against person under 14;
3) Murder 2 was premeditated, committed intentionally against a police officer and related performance of victim’s official duties;

OR

4) Premeditated and committed intentionally against correctional, p&p officer, or other person charged with the duty of custody, control or supervision of convicted persons, and related to performance of victim’s official duties

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4
Q

A person causes the death of a child under 14 or a dependent and has either engaged that same pattern or practice, or causes the death by neglect or maltreatment - which culpable state of mind makes it a manslaughter 1?

A

Recklessness

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5
Q

A person causes the death of a child under 14 or a dependent and has either engaged that same pattern or practice, or causes the death by neglect or maltreatment - which culpable state of mind makes it a manslaughter 2?

A

Criminal negligence

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6
Q

A DUII person causes death by operating motor vehicle and the additional requisites of previous convictions exist, what culpable state of mind is needed for it to constitute Manslaughter 1?

A

Recklessness or Criminal negligence

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7
Q

What are the additional requisites of previous convictions for the act to be Manslaughter 1, if a DUII person causes death by driving motor vehicle?

A

Either three previous convictions of DUII or statutory counterpart in any jurisdiction in the 10 years prior to date of offense;
OR
One previous conviction of Assault 1, 2 or 3 and the serious physical injury to victim was caused by the person driving a motor vehicle

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8
Q

What criminal homicide do you commit if you intentionally cause or aid another to commit suicide?

A

Manslaughter 2

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9
Q

In addition to recklessness, what is required for the act to constitute manslaughter 1?

A

Act is committed “under circumstances manifesting extreme indifference to the value of human life”

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10
Q

If you intentionally commit criminal homicide, but was under the influence of extreme emotional disturbance, you can be charge with what instead of Murder 2?

A

Manslaughter 1

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11
Q

A person causes the death of a child under 14 or a dependent and has either engaged that same pattern or practice, or causes the death by neglect or maltreatment - which culpable state of mind makes it a Murder 2?

A

Recklessness under circumstances manifesting extreme indifference to the value of human life

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