Chapter 10 Powerpoint pt. 1 Flashcards
________ is considered the most serious criminal offense.
Homicide
The development of the modern law of homicide can be traced to 15th-century _______.
England
The development of the modern law of homicide can be traced to ___th-century England.
15th
Initially the common law did not distinguish between types of ________ _________. It was treated _______ whether committed intentionally, in the heat of passion, recklessly, or negligently.
criminal homicide
equally
Most state statutes continue to recognize the distinction between _______ and manslaughter.
murder
Most state statutes continue to recognize the distinction between murder and ___________.
manslaughter
Initially, the _______ __ ______ allowed for many to be tried under ecclesiastical court where murder was not subjected to the death penalty until the English monarchy established jurisdiction over homicides
benefit of clergy
Initially, the benefit of clergy allowed for many to be tried under ___________ court where murder was not subjected to the ______ _______ until the English monarchy established jurisdiction over homicides
ecclesiastical
death penalty
What are the four types of criminal homicide?
(1) justifiable homicide
(2) excusable homicide
(3) murder
(4) manslaughter
Which type of criminal homicide is this: includes self-defense, defense of others, defense of the home, and police use of deadly force?
Justifiable homicide
Which type of criminal homicide is this: murder committed by individuals who are considered to be legally insane, by individuals with a diminished capacity, or by infants?
Excusable homicide
Which type of criminal homicide is this: all homicides that are neither excused nor justified?
Murder
Which type of criminal homicide is this: all homicides without malice aforethought that are committed without a justification or excuse?
Manslaughter
What are the two types of manslaughter?
(1) Voluntary Manslaughter
(2) Involuntary Manslaughter
_______ aforethought is commonly defined as intent to kill with an ill will or hatred.
Malice
Malice aforethought is commonly defined as intent to kill with an ___ ____ or _______.
ill will
hatred
________ ____ defined depraved heart murder as done with extreme recklessness or negligence.
Common law
Common law defined depraved heart murder as done with extreme ___________ or __________.
recklessness
negligence
Criminal homicide= unlawful ______ of human being + purposely or knowingly or recklessly or negligently
killing
Criminal homicide= unlawful killing of human being + ________ or knowingly or recklessly or __________
purposely
negligently
Criminal homicide= unlawful killing of human being + purposely or _________ or ________ or negligently
knowingly
recklessly
________ _________= unlawful killing of human being + purposely or knowingly or recklessly or negligently
Criminal homicide
What are the five different mental states that malice aforethought was divided into?
(1) Kill or murder
(2) Knowingly causing grievous or serious bodily harm
(3) Depraved heart murder – killing committed with extreme recklessness or negligence
(4) Intent to resist a lawful arrest
(5) Felony murder – murder committed during the commission of a felony
Modern state statutes typically divide murder and manslaughter into what categories?
(1) First Degree Murder - Premeditation and deliberation and murder committed in the perpetration of various dangerous felonies
(2) Second Degree Murder – killing with malice and without premeditation
(3) Voluntary Manslaughter
(4) Involuntary Manslaughter
What is the difference between voluntary and involuntary manslaughter?
Voluntary Manslaughter – murder in the heat of passion
Involuntary Manslaughter – gross negligence
What is the difference between first and second degree murder?
First Degree Murder - Premeditation and deliberation and murder committed in the perpetration of various dangerous felonies
Second Degree Murder – killing with malice and without premeditation
Some states include a third type of manslaughter, ________ manslaughter.
vehicular
State statutes define the ______ ____ of criminal homicide as the “unlawful killing of a human being” or “causing the death of a person.”
actus reus
State statutes define the actus reus of criminal homicide as the “_______ ______ of a human being” or “_______ the _____ of a person.”
unlawful killing
causing
death
