Chapter 6: Crimes Against Persons: Homicide Flashcards

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1
Q

Homicide

A

One human being killing another human being

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2
Q

Three types of homicide

A
  1. Justifiable homicide
  2. Excusable homicide
  3. Criminal homicide
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3
Q

Justifiable homicide

A

One human killing another under circumstances authorized by the law.

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4
Q

Excusable homicide

A

Occurs when one person kills another either by mistake or in an act of self-defense.

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5
Q

Accidental death

A

One that is caused by unintended or unexpected means

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6
Q

Accidental killing

A

A death that results from human action lawfully and purposely carried out with the reasonable belief that there would be no harm caused.

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7
Q

Criminal homicide

A

The unlawful killing of another person

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8
Q

Categories of criminal homicide

A

First degree murder

Second degree murder

Felony murder

Voluntary manslaughter

Involuntary manslaughter

Neligent manslaughter / homicide

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9
Q

Murder

A

The unlawful and intentional killing of a human being by another

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10
Q

Two elements for the crime of murder

A
  1. The defendant must have acted with the necessary specific intent to kill.
  2. The defendant’s conduct must have been the cause of the death of another human being.
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11
Q

Malice aforethought

A

Having the intent to commit a crime with no just cause or provocation.

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12
Q

The Model Penal Code defines murder intent as…

A

Purposely, knowingly, or recklessly

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13
Q

First-degree murder

A

A murder that is premeditated and intentional

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14
Q

Second-degree murder

A

A murder where the intent to kill is present but there was no premeditation with malicious aforethought

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15
Q

Voluntary manslaughter

A

The unlawful and intentional killing of another person in reaction to an adequate provocation

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16
Q

3 elements of voluntary manslaughter

A
  1. An implied or expressed intent to kill another person
  2. An adequate provocation
  3. The conduct in question caused the death of another person
17
Q

Adequate provocation

A

Behavior / action that would provoke a reasonable person to react in the “heat of passion” with no “cooling off” period.

18
Q

Involuntary manslaughter

A

The unintended killing of another person that is caused during the commission of an act that is unlawful (that is not a felony) or that results from criminal negligence.

19
Q

Elements of involuntary manslaughter

A
  1. The killing of another person was unintentional
  2. Death occurred either during the commission of an act that is unlawful (that is not a felony) or that results from criminal negligence
  3. The unlawful act or negligence was the cause of death
20
Q

Corpus delecti

A

Body of the crime

21
Q

2 elements of corpus delecti for a criminal homicide

A
  1. The death of a human being

2. The death was a result of a criminal action

22
Q

The UDDA approves two standards for determining that a person who has sustained:

A
  1. Irreversible cessation of circulatory and respiratory functions OR
  2. Irreversible cessation of all functions of the entire brain, including the brain stem, is dead
23
Q

Mass murders

A

Killings involving multiple victims that occurs at the same time

24
Q

Serial murder

A

Killings involving multiple victims over a period or range of time

25
Q

Four types of serial killers

Mission orientated

A

These killers have a belief that their life goal or mission is to eliminate particular types of people from society.

26
Q

Four types of serial killers

Hedonistic

A

These killers are looking for thrills during their killing, many of these type have sexual fantasies involved in their behavior.

27
Q

Four types of serial killers

Power orientated

A

These killers are looking to control and overpower their victims and they enjoy seeing their victims suffer and beg for mercy.

28
Q

Four types of serial killers

Vissionary

A

These killers claim that they are following orders or direction from a vision or a voice.

29
Q

Which of the following is an example of an accidental killing?

A

A person with peanut allergies dies after being served something with peanuts in it at a restaurant

30
Q

True / False: Two people are playing Russian Roulette with a revolver loaded with one bullet. The accused points the gun at the other player and pulls the trigger four times. On the fourth pull of the trigger, the gun discharges with the bullet striking and killing the other player. Based on the above definitions, did the accused possess the required intent for the crime of murder?

A

True

31
Q

Doing some research on your own, match the type of serial killer to the actual serial killer

A

Visionary –> Ed Gein or David Berkowitz
Hedonistic –> Jeffrey Dahmer or John Wayne Gacy
Mission Oriented –> Gary Ridgeway or Joseph Paul Franklin
Power or Control Oriented –> Dennis Rader or Ted Bundy