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