Chapter 6: Crimes Against Persons: Homicide Flashcards
Homicide
One human being killing another human being
Three types of homicide
- Justifiable homicide
- Excusable homicide
- Criminal homicide
Justifiable homicide
One human killing another under circumstances authorized by the law.
Excusable homicide
Occurs when one person kills another either by mistake or in an act of self-defense.
Accidental death
One that is caused by unintended or unexpected means
Accidental killing
A death that results from human action lawfully and purposely carried out with the reasonable belief that there would be no harm caused.
Criminal homicide
The unlawful killing of another person
Categories of criminal homicide
First degree murder
Second degree murder
Felony murder
Voluntary manslaughter
Involuntary manslaughter
Neligent manslaughter / homicide
Murder
The unlawful and intentional killing of a human being by another
Two elements for the crime of murder
- The defendant must have acted with the necessary specific intent to kill.
- The defendant’s conduct must have been the cause of the death of another human being.
Malice aforethought
Having the intent to commit a crime with no just cause or provocation.
The Model Penal Code defines murder intent as…
Purposely, knowingly, or recklessly
First-degree murder
A murder that is premeditated and intentional
Second-degree murder
A murder where the intent to kill is present but there was no premeditation with malicious aforethought
Voluntary manslaughter
The unlawful and intentional killing of another person in reaction to an adequate provocation
3 elements of voluntary manslaughter
- An implied or expressed intent to kill another person
- An adequate provocation
- The conduct in question caused the death of another person
Adequate provocation
Behavior / action that would provoke a reasonable person to react in the “heat of passion” with no “cooling off” period.
Involuntary manslaughter
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.
Elements of involuntary manslaughter
- The killing of another person was unintentional
- Death occurred either during the commission of an act that is unlawful (that is not a felony) or that results from criminal negligence
- The unlawful act or negligence was the cause of death
Corpus delecti
Body of the crime
2 elements of corpus delecti for a criminal homicide
- The death of a human being
2. The death was a result of a criminal action
The UDDA approves two standards for determining that a person who has sustained:
- Irreversible cessation of circulatory and respiratory functions OR
- Irreversible cessation of all functions of the entire brain, including the brain stem, is dead
Mass murders
Killings involving multiple victims that occurs at the same time
Serial murder
Killings involving multiple victims over a period or range of time
Four types of serial killers
Mission orientated
These killers have a belief that their life goal or mission is to eliminate particular types of people from society.
Four types of serial killers
Hedonistic
These killers are looking for thrills during their killing, many of these type have sexual fantasies involved in their behavior.
Four types of serial killers
Power orientated
These killers are looking to control and overpower their victims and they enjoy seeing their victims suffer and beg for mercy.
Four types of serial killers
Vissionary
These killers claim that they are following orders or direction from a vision or a voice.
Which of the following is an example of an accidental killing?
A person with peanut allergies dies after being served something with peanuts in it at a restaurant
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?
True
Doing some research on your own, match the type of serial killer to the actual serial killer
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
