Homicide Flashcards
what are the 2 types of homicide?
CULPABLE (murder-1st or 2nd degree, manslaughter, infanticide) or NON CULPABLE (accident, self defense, medially assisted death)
what is homicide?
the KILLING of a PERSON
what is culpability?
a BLAMEABLE/ CRIMINAL ACT. not just legally responsible, but also blame you-what you did was illegal AND MORALLY WRONG. used to show the laws DISLIKE of homicide
what does it mean if something is culpable?
DESERVING BLAME, such as killing someone
what is murder?
the INTENTIONAL KILLING of another person
what is first degree murder?
KILLING of another person that is PLANNED and DELIBERATE
what does first degree murder require?
INTENT, PREMEDITATION, and THE ACT ITSELF (mens rea, actus reus)
what is second degree murder?
KILLING of another person that is DELIBERATE but NOT PREMEDITATED
what is premediation?
SUFFICIENT FORETHOUGHT and INTENT to commit an act BEFOREHAND (deciding-a month or a minute before)
what is manslaughter?
HOMICIDE by committing an UNLAWFUL ACT with only GENERAL INTENT (ex. impaired driving/ car accident that results in a death)
what is infanticide?
the KILLING of an INFANT SHORTLY AFTER BIRTH. can be committed by mother (postpartum depression) or father (both from shaken baby syndrome)
what is non-culpable homicide?
KILLING of another person that is NOT CRIMINAL, and caused by ACCIDENT or in SELF DEFENSE
what is an accident?
UNDESIRABLE or UNFORTUNATE happening that occurs UNINTENTIONALLY and usually RESULTS in INJURY, DAMAGE, or LOSS
who is at fault for an accident?
NEITHER the PERPETRATOR or VICTIM (as a criminal action)
when can accidents be criminal cases?
if it was FORESEEABLE-which shows criminal NEGLIGENCE (can make the “accident” an indictable offense) or if it is the result of WILLFUL BLINDNESS (closing your mind to the possible consequences of your actions)
what is self defense?
JUSTIFICATION for an alleged CRIMINAL ACT where an accused has the necessary MENS REA and was (supposedly) DEFENDING themselves, their property, or others
what must take place in order for a medically assisted death to take place?
patients must SIGN something expressing their wish to die, and end their life in front of TWO INDEPENDENT WITNESSES, who prove it was WILLINGLY FREE of COERCION
what does being liable mean?
to be LEGALLY RESPONSIBLE or ACCOUNTABLE
what is due diligence (as a defense)?
the ACCUSED has made EVERY EFFORT to AVOID committing the crime (took precautions, but it still happened)-relevant with health and safety regulations
what is a strict liability offense?
requires that the ACCUSED ACKNOWLEDGES that the offense TOOK PLACE but DEFENDS themself with DUE DILIGENCE (harder to PROVE)
what is an absolute liability offense?
NO DEFENSE is offered. once the prosecution has established the OFFENSE TOOK PLACE and the ACCUSED was the PERPETRATOR, they are AUTOMATICALLY GUILTY (as soon as mens rea established)
what two elements does attempted homicide have?
INTENTION and ACTION towards completion of the crime (you still have the act of planning it-goes towards the actus reus)
what is an attempted crime?
when a person COMES “CLOSE” (relative) to CARRYING OUT a crime, but DOES NOT commit it (attempted homicide has a big penalty because they intended to commit it)
what is suicide?
the DELIBERATE taking of one’s OWN LIFE. by LAW, it is no longer a CRIMINAL offense
what is decriminalization?
the REMOVAL of CRIMINAL PENALTIES from an act, so as to NEITHER CONDONE or CONDEMN it by law (ex. suicide, not illegal, but not encouraged)
