Ch. 5 Criminal Homicide (E1) Flashcards
What are the 3 components that go into determining a homicide?
1) Committed against human being
2) Victim alive at time of conduct
3) Result is legally dead victim
Legal death refers to the { } death.
Brain
What piece of legislation set the standard for brain death?
Uniform Determination of Death Act (1980)
What are the 4 components of the Uniform Determination of Death Act?
1) Flat EEG
2) No spontaneous movements or respirations
3) No reflexes
4) No response to external stimuli
What 3 standards determine whether a fetus is classified as a human or not?
1) Born Alive Standard (common law)
2) Viable fetus
3) Pre-viability
What two components determine whether a fetus is viable?
1) Quickening (movement)
2) Intrauterine development
A viable fetus is one that is capable of living…
Autonomously outside of the womb
Do all 3 standards of determining the humanity of a fetus have to be met? Why?
No; it’s usually up to the discretion of the state
To be culpable is to be…
Blameworthy
What are the two types of non-criminal homicide?
Justifiable & excusable
What type of non-criminal homicide is associated with RIGHTS & DUTIES?
Justifiable homicide
In justifiable homicide, you have a right to { } self-defense.
Perfect
What are the 3 components to perfect self-defense?
1) Unlawful act committed against you
2) Defense must be necessary
3) Defense must be reasonable
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.
1) Retreat
2) Castle
What are 2 possible results of justifiable homicide?
1) Exoneration
2) Mitigation
What is the difference between exoneration and mitigation in justifiable homicide?
1) Exoneration - complete dismissal of charges
2) Mitigation - partial dismissal of charges
What type of non-criminal homicide is associated with an ACCIDENT or MISADVENTURE?
Excusable homicide
How is an accident defined when referring to excusable homicide?
An outcome where you did not purposefully put into motion the chain of events; essentially, you did everything right that you could
How is a misadventure defined when referring to excusable homicide?
Chain of events in which you are JUSTIFIED in doing what you initially set into motion; however, this initial motion results in unintended consequences
What was the quote/example Dr. Carlan used in lecture to describe how a misadventure works?
“Unfortunately, while I was justified in shooting person A, the bullet pierced through, hitting persons B & C.”
What are the 4 types of criminal homicide?
1) 1st degree murder
2) 2nd degree murder
3) Voluntary manslaughter
4) Involuntary manslaughter
This term refers to the level of mental fault.
What is intent?
What are the 3 types of intent?
1) Specific
2) General
3) Constructive
When examining intent and establishing guilt, what are the two crime categories used?
1) True crime
2) Strict liability crime
What two elements of a TRUE crime must be proven beyond a reasonable doubt?
1) Mens rea (guilty mind)
2) Actus reus (guilty act)
As opposed to true crime, what is the only element that must be proven beyond a reasonable doubt in a STRICT LIABILITY crime?
Actus reus (guilty act)
Which type of criminal homicide does specific intent align with?
1st degree murder
What 2 types of criminal homicide does general intent align with?
2nd degree murder & voluntary manslaughter
What type of criminal homicide does constructive intent align with?
Involuntary manslaughter
What are the only two types of criminal homicide in common law?
1) Murder
2) Manslaughter
What 2 types of factors differentiate murder from manslaughter?
Aggravating & mitigating
What is the difference between aggravating and mitigating factors as they apply to the severity of a criminal homicide?
1) Aggravating factors - enhance severity of criminal homicide (manslaughter —> murder)
2) Mitigating factors - lessen severity of criminal homicide (murder —> manslaughter)
What is the primary element/detail that differentiates murder from manslaughter?
Malice
Define malice.
The intent to cause serious bodily harm/injury or death
Since most malice is not expressed, this doctrine seeks to determine if your actions implied a conscious disregard for human life.
What is the Doctrine of Implied Malice?
What 4 doctrines constitute implied malice?
1) Deadly Weapon Doctrine
2) Depraved Heart Doctrine
3) Felony Murder Doctrine
4) Doctrine of Transferred Intent
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.
What is the Doctrine of Transferred Intent?
This particular doctrine of implied malice entails an extreme indifference to the value of human life and very gross negligence.
What is the Depraved Heart/Mind Doctrine?
Using your understanding of transferred intent, create a hypothetical scenario describing it, similar to the one used to describe a misadventure.
“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.”
How are all felonies described in common law?
Inherently threatening to human life
What are the 2 aggravating factors of first-degree murder?
1) Premeditation
2) Deliberation
Does the absence of an aggravating factor constitute a mitigating factor for first-degree murder?
NO
This term is used to describe premeditation.
What is aforethought?
Deliberation can be described as { } or { }.
HINT: One of these blanks is a two-word phrase
1) Consciousness
2) Careful reflection
What is the basis for establishing second-degree murder?
Heat of passion
What are the 2 components of voluntary manslaughter?
1) Imperfect self-defense
2) Heat of passion test
What qualifies as imperfect self-defense?
1/3 of the requirements for perfect self-defense are not met
What are the 4 components of the heat of passion test?
1) An actual heat of passion
2) No cooling/cool-off period
3) Adequate provocation
4) Causal connection (of previous 3 components)
What are 3 examples of adequate provocation?
1) Spousal infidelity
2) Fighting words
3) Informational words
Give an example for informational words as they apply to adequate provocation in the heat of passion test.
“She was the best I ever had…”
Involuntary manslaughter is based on { } law, which involves { }, or man-made, intent.
1) Positive
2) Constructive
What are the 2 components of involuntary manslaughter?
1) Misdemeanor-manslaughter rule
2) Gross negligence
What does the misdemeanor-manslaughter rule state?
Unlawful conduct resulting in the death of another person is manslaughter regardless of one’s awareness of pending danger
