Chapter 10 Powerpoint pt. 2 Flashcards
True or False: Under common law, defendant was held liable for the life of an unborn child
False; At common law, defendant was not liable for the life of an unborn child unless, the child was born alive and with the capacity for independent existence.
Most states hold a criminal liable for the life of an unborn child if the prosecution is able to prove (beyond a reasonable doubt) that the _____ is _____.
fetus
viable
The ______ ______ ______ maintains the common law “_____ _____” rule in order to avoid a possible conflict between the law of abortion and the criminal law rule concerning the fetus.
Model Penal Code
“born alive”
The Model Penal Code maintains the _______ ____ “born alive” rule in order to avoid a possible conflict between the law of abortion and the criminal law rule concerning the fetus.
common law
The Model Penal Code maintains the common law “born alive” rule in order to avoid a possible conflict between the law of ________ and the criminal law rule concerning the _____.
abortion
fetus
Most states have adopted a _____ _____ test for death.
brain death
Some states still use the ____-____-_-___ rule for death.
year-and-a-day
Most states will charge murder if the defendant’s actions were the _________ _____ of the victim’s death, mostly regardless of ________ ____.
proximate cause
elapsed time
Brain death tests has been adopted by most states as an alternative to the _______ __________ __ ______ Act.
Uniform Determination of Death
What is the Year and a Day rule?
a common law standard that provides that an individual is criminally responsible only for a death that occurs within one year of his or her criminal act
What are the two requirements to depraved heart murder?
(1) conduct
(2) intent
________ ______ ______ is an act that creates a very high degree of risk or bodily injury.
Depraved Heart Murder
Depraved Heart Murder places at least one person in ______
danger
Depraved Heart Murder is committed by an individual who knows, or reasonably should have known, of the ________ nature of his or her _____.
dangerous
acts
Depraved heart murder= dangerous act creating a high risk of _____ + knowledge of danger created by act
death
Depraved heart murder= dangerous act creating a high risk of death + knowledge of ______ created by ____
danger
act
________ _____ ______= dangerous act creating a high risk of death + knowledge of danger created by act
Depraved heart murder
First degree murder is a combination of ___________ and __________.
premeditation
deliberation
True or False: Premeditation may be formed in the few seconds it takes to pull a trigger or deliver a fatal blow
True
Capital and Aggravated First-Degree Murder are murders that are subject to the ______ _______ or ____ __________.
death penalty
life imprisonment
What determines the presence of aggravating factors when it comes to capital and aggravated first-degree murder?
(1) Victim
(2) Offender
(3) Criminal act
(4) Felony Murder
True or False: all states have a universal understanding of second degree murder
False; Different states have varying definitions.
_________ ______ must outweigh any existing _________ ___________, when it comes to Capital and Aggravated First-Degree Murder.
Aggravating factors
mitigating circumstances
When it comes to Depraved Heart Murder ______ is implied.
malice
When it comes to ________ _____ ______ malice is implied.
Depraved Heart Murder
______ ______- is a murder that occurs during the commission of a felony regardless of whether the killing is committed with deliberation and premeditation, intentionally, recklessly, or negligently
Felony Murder
Why do we have the felony-murder rule?
(1) Deterrence
(2) Protection of Life
(3) Punishment
(4) Prosecution
What are the theories of felony murder?
(1) agency theory
(2) proximate cause theory
Which theory of felony murder is this: a felon is responsible for deaths committed by a felon or a co-felon, but not for deaths committed by someone acting as an adversary?
Agency Theory
Which theory of felony murder is this: a felon is responsible for all foreseeable deaths during the commission of a dangerous felony?
Proximate Cause Theory
The _____ _____ _____ limits the felony murder to killings that are recklessly committed during the course of certain felonies.
Model Penal Code
The Model Penal Code limits the ______ murder to killings that are _________ committed during the course of certain felonies.
felony
recklessly
________ _______ is a killing in which a business is held criminally responsible.
Corporate murder
