Ch. 5 Criminal Homicide (E1)

Question 1

What are the 3 components that go into determining a homicide?

Answer 1

1) Committed against human being
2) Victim alive at time of conduct
3) Result is legally dead victim

Question 2

Legal death refers to the { } death.

Answer 2

Brain

Question 3

What piece of legislation set the standard for brain death?

Answer 3

Uniform Determination of Death Act (1980)

Question 4

What are the 4 components of the Uniform Determination of Death Act?

Answer 4

1) Flat EEG
2) No spontaneous movements or respirations
3) No reflexes
4) No response to external stimuli

Question 5

What 3 standards determine whether a fetus is classified as a human or not?

Answer 5

1) Born Alive Standard (common law)
2) Viable fetus
3) Pre-viability

Question 6

What two components determine whether a fetus is viable?

Answer 6

1) Quickening (movement)
2) Intrauterine development

Question 7

A viable fetus is one that is capable of living…

Answer 7

Autonomously outside of the womb

Question 8

Do all 3 standards of determining the humanity of a fetus have to be met? Why?

Answer 8

No; it’s usually up to the discretion of the state

Question 9

To be culpable is to be…

Answer 9

Blameworthy

Question 10

What are the two types of non-criminal homicide?

Answer 10

Justifiable & excusable

Question 11

What type of non-criminal homicide is associated with RIGHTS & DUTIES?

Answer 11

Justifiable homicide

Question 12

In justifiable homicide, you have a right to { } self-defense.

Answer 12

Perfect

Question 13

What are the 3 components to perfect self-defense?

Answer 13

1) Unlawful act committed against you
2) Defense must be necessary
3) Defense must be reasonable

Question 14

For perfect self-defense to be deemed necessary, the person being attacked must abide by the Duty-to-{ } requirement, but if the person being attacked is at home, then the { } Doctrine applies.

Answer 14

1) Retreat
2) Castle

Question 15

What are 2 possible results of justifiable homicide?

Answer 15

1) Exoneration
2) Mitigation

Question 16

What is the difference between exoneration and mitigation in justifiable homicide?

Answer 16

1) Exoneration - complete dismissal of charges

2) Mitigation - partial dismissal of charges

Question 17

What type of non-criminal homicide is associated with an ACCIDENT or MISADVENTURE?

Answer 17

Excusable homicide

Question 18

How is an accident defined when referring to excusable homicide?

Answer 18

An outcome where you did not purposefully put into motion the chain of events; essentially, you did everything right that you could

Question 19

How is a misadventure defined when referring to excusable homicide?

Answer 19

Chain of events in which you are JUSTIFIED in doing what you initially set into motion; however, this initial motion results in unintended consequences

Question 20

What was the quote/example Dr. Carlan used in lecture to describe how a misadventure works?

Answer 20

“Unfortunately, while I was justified in shooting person A, the bullet pierced through, hitting persons B & C.”

Question 21

What are the 4 types of criminal homicide?

Answer 21

1) 1st degree murder
2) 2nd degree murder
3) Voluntary manslaughter
4) Involuntary manslaughter

Question 22

This term refers to the level of mental fault.

Answer 22

What is intent?

Question 23

What are the 3 types of intent?

Answer 23

1) Specific
2) General
3) Constructive

Question 24

When examining intent and establishing guilt, what are the two crime categories used?

Answer 24

1) True crime
2) Strict liability crime

Question 25

What two elements of a TRUE crime must be proven beyond a reasonable doubt?

Answer 25

1) Mens rea (guilty mind) 2) Actus reus (guilty act)

Question 26

As opposed to true crime, what is the only element that must be proven beyond a reasonable doubt in a STRICT LIABILITY crime?

Answer 26

Actus reus (guilty act)

Question 27

Which type of criminal homicide does specific intent align with?

Answer 27

1st degree murder

Question 28

What 2 types of criminal homicide does general intent align with?

Answer 28

2nd degree murder & voluntary manslaughter

Question 29

What type of criminal homicide does constructive intent align with?

Answer 29

Involuntary manslaughter

Question 30

What are the only two types of criminal homicide in common law?

Answer 30

1) Murder 2) Manslaughter

Question 31

What 2 types of factors differentiate murder from manslaughter?

Answer 31

Aggravating & mitigating

Question 32

What is the difference between aggravating and mitigating factors as they apply to the severity of a criminal homicide?

Answer 32

1) Aggravating factors - enhance severity of criminal homicide (manslaughter ---> murder) 2) Mitigating factors - lessen severity of criminal homicide (murder ---> manslaughter)

Question 33

What is the primary element/detail that differentiates murder from manslaughter?

Answer 33

Malice

Question 34

Define malice.

Answer 34

The intent to cause serious bodily harm/injury or death

Question 35

Since most malice is not expressed, this doctrine seeks to determine if your actions implied a conscious disregard for human life.

Answer 35

What is the Doctrine of Implied Malice?

Question 36

What 4 doctrines constitute implied malice?

Answer 36

1) Deadly Weapon Doctrine 2) Depraved Heart Doctrine 3) Felony Murder Doctrine 4) Doctrine of Transferred Intent

Question 37

This particular doctrine of implied malice is just about the opposite of a misadventure, i.e., the person committing the act was NOT JUSTIFIED in setting an event into motion.

Answer 37

What is the Doctrine of Transferred Intent?

Question 38

This particular doctrine of implied malice entails an extreme indifference to the value of human life and very gross negligence.

Answer 38

What is the Depraved Heart/Mind Doctrine?

Question 39

Using your understanding of transferred intent, create a hypothetical scenario describing it, similar to the one used to describe a misadventure.

Answer 39

"Since I was NOT JUSTIFIED in shooting person A, and the bullet pierced through and hit persons B & C, my INTENT to shoot and kill person A can be TRANSFERRED to persons B & C."

Question 40

How are all felonies described in common law?

Answer 40

Inherently threatening to human life

Question 41

What are the 2 aggravating factors of first-degree murder?

Answer 41

1) Premeditation 2) Deliberation

Question 42

Does the absence of an aggravating factor constitute a mitigating factor for first-degree murder?

Answer 42

NO

Question 43

This term is used to describe premeditation.

Answer 43

What is aforethought?

Question 44

Deliberation can be described as { } or { }. HINT: One of these blanks is a two-word phrase

Answer 44

1) Consciousness 2) Careful reflection

Question 45

What is the basis for establishing second-degree murder?

Answer 45

Heat of passion

Question 46

What are the 2 components of voluntary manslaughter?

Answer 46

1) Imperfect self-defense 2) Heat of passion test

Question 47

What qualifies as imperfect self-defense?

Answer 47

1/3 of the requirements for perfect self-defense are not met

Question 48

What are the 4 components of the heat of passion test?

Answer 48

1) An actual heat of passion 2) No cooling/cool-off period 3) Adequate provocation 4) Causal connection (of previous 3 components)

Question 49

What are 3 examples of adequate provocation?

Answer 49

1) Spousal infidelity 2) Fighting words 3) Informational words

Question 50

Give an example for informational words as they apply to adequate provocation in the heat of passion test.

Answer 50

"She was the best I ever had..."

Question 51

Involuntary manslaughter is based on { } law, which involves { }, or man-made, intent.

Answer 51

1) Positive 2) Constructive

Question 52

What are the 2 components of involuntary manslaughter?

Answer 52

1) Misdemeanor-manslaughter rule 2) Gross negligence

Question 53

What does the misdemeanor-manslaughter rule state?

Answer 53

Unlawful conduct resulting in the death of another person is manslaughter regardless of one's awareness of pending danger