Criminal Elements (homicide) Flashcards
1st Degree Murder
- Specific Intent to kill or cause great bodily harm
- Aggravated circumstances are present
or
when the offender has specific intent to kill or inflict great bodily harm and is engaged in the perpetration or attempted perpetration of an enumerated
felony
2nd Degree Murder
- Specific intent to kill or cause great bodily harm
or - Def has no S.I to kill but death results while def is engaged in perpetration or
attempted perpetration of aggravating circumstances
Felony Murder
- When the offender has a specific intent to kill or to inflict great bodily harm.
Felony manslaughter (3 types)
- Acting in the heat of passion while the defendant’s blood was still boiling
- No Specific Intent to kill, but defendant was engaging in a intentional misdemeanor
- Defendant attempts to flee in a way that is not intentionally dangerous
Negligent homicide
- no si to kill or cause great bodily harm
- defendant was acting in a manner that was grossly negligent
- No si to kill or cause great bodily harm
- commission of a felony
Felony manslaughter
Vehicular homicide
- Death occurs as a result of gross negligence while driving
- alcohol is involved
No specific intent to kill, but engaged in an enumerated felony
Felony murder
Specific intent to kill, but engaged in a non enumerated felony
Felony murder
if a defendant causes death by escaping in a way that is not inherently dangerous
manslaughter
No specific intent to kill, but engaged in aggravated assault
Felony manslaughter
No specific intent to kill, but engaged in a non enumerated felony
Felony murder
No specific intent to kill, but engaged in an enumerated felony
Felony murder
Specific intent to kill, and engaged in an enumerated felony
1st degree murder
Specific intent to kill, but engaged in a non enumerated felony
Felony murder
What is the only way a crime can be felony murder without SI
if engaged in an enumerated felony
What is a crime committed without si, but engaged in a non enumerated felony
felony manslaughter
