Extra Notes Flashcards
Does the thin skull rule break the causal link in a criminal case?
No, the thin skull rule does not break the causal link. This rule means that an accused is still fully responsible for the consequences of their actions, even if the victim had a pre-existing condition that made them more vulnerable to harm.
What is the result of a minor assault that causes death?
A minor assault that causes death is considered involuntary culpable homicide. The charge involves unintentional killing but still results in a criminal offense.
What happens if someone with diminished responsibility kills someone?
If someone with diminished responsibility kills another person, it is considered voluntary culpable homicide. Although the accused has reduced mental capacity, the act is still considered intentional, but the diminished responsibility mitigates the severity of the offense.
If I am provoked and kill someone, what is the legal outcome?
If you are provoked and kill someone, the crime is considered voluntary culpable homicide. Provocation can reduce the charge from murder to voluntary culpable homicide if it can be shown that you lost control in the heat of the moment.
What happens if I accidentally hurt someone with no intention or recklessness?
If you accidentally hurt someone with no intention and not recklessly, it generally does not constitute an offense. There is no criminal liability because both mens rea (guilty mind) and actus reus (guilty act) are absent.
Is there a legal defense for killing someone in order to protect property?
No, there is no defense for killing someone in order to protect property. Even if property is being threatened, lethal force is not justified unless there is an imminent threat to life.
