Additional Qs re Criminal Homicide Flashcards
Murder, manslaughter, criminal negligent homicide or aggravated homicide is:
Criminal homicide
In addition to premeditation and committing with intent, what is needed for aggravated murder?
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
You have aggravated murder with murder 2 and the addition of what circumstances?
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
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?
Recklessness
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?
Criminal negligence
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?
Recklessness or Criminal negligence
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?
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
What criminal homicide do you commit if you intentionally cause or aid another to commit suicide?
Manslaughter 2
In addition to recklessness, what is required for the act to constitute manslaughter 1?
Act is committed “under circumstances manifesting extreme indifference to the value of human life”
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?
Manslaughter 1
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?
Recklessness under circumstances manifesting extreme indifference to the value of human life