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Criminal Law > Ch. 5 Criminal Homicide (E1) > Flashcards

Ch. 5 Criminal Homicide (E1) Flashcards

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1
Q

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

A

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

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2
Q

Legal death refers to the { } death.

A

Brain

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3
Q

What piece of legislation set the standard for brain death?

A

Uniform Determination of Death Act (1980)

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4
Q

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

A

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

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5
Q

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

A

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

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6
Q

What two components determine whether a fetus is viable?

A

1) Quickening (movement)
2) Intrauterine development

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7
Q

A viable fetus is one that is capable of living…

A

Autonomously outside of the womb

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8
Q

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

A

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

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9
Q

To be culpable is to be…

A

Blameworthy

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10
Q

What are the two types of non-criminal homicide?

A

Justifiable & excusable

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11
Q

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

A

Justifiable homicide

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12
Q

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

A

Perfect

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13
Q

What are the 3 components to perfect self-defense?

A

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

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14
Q

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.

A

1) Retreat
2) Castle

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15
Q

What are 2 possible results of justifiable homicide?

A

1) Exoneration
2) Mitigation

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16
Q

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

A

1) Exoneration - complete dismissal of charges

2) Mitigation - partial dismissal of charges

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17
Q

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

A

Excusable homicide

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18
Q

How is an accident defined when referring to excusable homicide?

A

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

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19
Q

How is a misadventure defined when referring to excusable homicide?

A

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

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20
Q

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

A

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

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21
Q

What are the 4 types of criminal homicide?

A

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

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22
Q

This term refers to the level of mental fault.

A

What is intent?

23
Q

What are the 3 types of intent?

A

1) Specific
2) General
3) Constructive

24
Q

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

A

1) True crime
2) Strict liability crime

25
Q

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

A

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

26
Q

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

A

Actus reus (guilty act)

27
Q

Which type of criminal homicide does specific intent align with?

A

1st degree murder

28
Q

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

A

2nd degree murder & voluntary manslaughter

29
Q

What type of criminal homicide does constructive intent align with?

A

Involuntary manslaughter

30
Q

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

A

1) Murder
2) Manslaughter

31
Q

What 2 types of factors differentiate murder from manslaughter?

A

Aggravating & mitigating

32
Q

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

A

1) Aggravating factors - enhance severity of criminal homicide (manslaughter —> murder)

2) Mitigating factors - lessen severity of criminal homicide (murder —> manslaughter)

33
Q

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

A

Malice

34
Q

Define malice.

A

The intent to cause serious bodily harm/injury or death

35
Q

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

A

What is the Doctrine of Implied Malice?

36
Q

What 4 doctrines constitute implied malice?

A

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

37
Q

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.

A

What is the Doctrine of Transferred Intent?

38
Q

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

A

What is the Depraved Heart/Mind Doctrine?

39
Q

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

A

“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.”

40
Q

How are all felonies described in common law?

A

Inherently threatening to human life

41
Q

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

A

1) Premeditation
2) Deliberation

42
Q

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

A

NO

43
Q

This term is used to describe premeditation.

A

What is aforethought?

44
Q

Deliberation can be described as { } or { }.

HINT: One of these blanks is a two-word phrase

A

1) Consciousness
2) Careful reflection

45
Q

What is the basis for establishing second-degree murder?

A

Heat of passion

46
Q

What are the 2 components of voluntary manslaughter?

A

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

47
Q

What qualifies as imperfect self-defense?

A

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

48
Q

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

A

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

49
Q

What are 3 examples of adequate provocation?

A

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

50
Q

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

A

“She was the best I ever had…”

51
Q

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

A

1) Positive
2) Constructive

52
Q

What are the 2 components of involuntary manslaughter?

A

1) Misdemeanor-manslaughter rule
2) Gross negligence

53
Q

What does the misdemeanor-manslaughter rule state?

A

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

Criminal Law (8 decks)

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