Chapter 9: Crimes Against Persons 1: Murder and Manslaughter Flashcards
born-alive rule
the rule that to be a person, and therefore a homicide victim, a baby had to be “born alive” and capable of breathing and maintaining a heartbeat on its own
feticide
the crime of killing a fetus
murder
killing a person with “malice aforethought”
manslaughter
killing a person without “malice aforethought”
justifiable homicide
killing in self-defense
excusable homicide
killings done by someone “not of sound memory and discretion”
criminal homicide
all homicides that are neither justified nor excused
malice aforethought
originally the mental state of intentional killing, with some amount of spite, hate, or bad will, planned in advance of the killing
depraved heart murder
(also called depraved indifference murder) extremely reckless killings
intent to cause serious bodily injury
no intent to kill is required when a victim dies following acts triggered by the intent to inflict serious bodily injury short of death
serious bodily injury
bodily injury that involves a substantial risk of death; protracted unconsciousness; extreme physical pain; protracted or obvious disfigurement; or protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty
“express” malice aforethought
the mental element of killings that fit the original meaning of “murder”—intentional killings planned in advance
“implied” malice aforethought
the mental element of intentional killings without premeditation or reasonable provocation; unintentional killings during the commission of felonies; depraved heart killings; and intent to inflict grievous bodily harm killings
murder actus reus
the act of killing by poisoning, striking, starving, drowning, and a thousand other forms by which human nature can be overcome
murder mens rea
can include purposeful, knowing, or reckless as the mental element in killing
first-degree murder
the only crime today in which the death penalty can be imposed, consisting of
(1) premeditated, deliberate intent to kill murders
(2) felony murders
capital cases
death penalty cases in death penalty states and “mandatory life sentence without parole” cases in non–death penalty states
bifurcation procedure
the requirement that the death penalty decision be made in two phases: a trial to determine guilt and a second separate proceeding, after a finding of guilt, to consider the aggravating factors for, and mitigating factors against, capital punishment
deadly weapon doctrine
one who intentionally uses a deadly weapon on another human being and thereby kills him is presumed to have formed the intent to kill
second-degree murder
murders that aren’t first-degree murders, including intentional murders that weren’t premeditated or deliberate, felony murders, intent to inflict serious bodily injury murders, and depraved heart murders
felony murder rule
unintentional deaths that occur during the commission of some felonies are murders
manslaughter (pt. 2)
an ancient common law crime created by judges, not by legislators, consisting of two crimes: voluntarily or involuntarily killing another person
voluntary manslaughter
suddenly and intentionally killing another person in the heat of anger following adequate provocation; elements include murder actus reus, mens rea, causation, and death
adequate provocation
the requirement that the provocation for killing in anger has to be something the law recognizes, the defendant himself had to be provoked, and that a reasonable person would have been provoked