Homicide

Question 1

what are the 2 types of homicide?

Answer 1

CULPABLE (murder-1st or 2nd degree, manslaughter, infanticide) or NON CULPABLE (accident, self defense, medially assisted death)

Question 2

what is homicide?

Answer 2

the KILLING of a PERSON

Question 3

what is culpability?

Answer 3

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

Question 4

what does it mean if something is culpable?

Answer 4

DESERVING BLAME, such as killing someone

Question 5

what is murder?

Answer 5

the INTENTIONAL KILLING of another person

Question 6

what is first degree murder?

Answer 6

KILLING of another person that is PLANNED and DELIBERATE

Question 7

what does first degree murder require?

Answer 7

INTENT, PREMEDITATION, and THE ACT ITSELF (mens rea, actus reus)

Question 8

what is second degree murder?

Answer 8

KILLING of another person that is DELIBERATE but NOT PREMEDITATED

Question 9

what is premediation?

Answer 9

SUFFICIENT FORETHOUGHT and INTENT to commit an act BEFOREHAND (deciding-a month or a minute before)

Question 10

what is manslaughter?

Answer 10

HOMICIDE by committing an UNLAWFUL ACT with only GENERAL INTENT (ex. impaired driving/ car accident that results in a death)

Question 11

what is infanticide?

Answer 11

the KILLING of an INFANT SHORTLY AFTER BIRTH. can be committed by mother (postpartum depression) or father (both from shaken baby syndrome)

Question 12

what is non-culpable homicide?

Answer 12

KILLING of another person that is NOT CRIMINAL, and caused by ACCIDENT or in SELF DEFENSE

Question 13

what is an accident?

Answer 13

UNDESIRABLE or UNFORTUNATE happening that occurs UNINTENTIONALLY and usually RESULTS in INJURY, DAMAGE, or LOSS

Question 14

who is at fault for an accident?

Answer 14

NEITHER the PERPETRATOR or VICTIM (as a criminal action)

Question 15

when can accidents be criminal cases?

Answer 15

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)

Question 16

what is self defense?

Answer 16

JUSTIFICATION for an alleged CRIMINAL ACT where an accused has the necessary MENS REA and was (supposedly) DEFENDING themselves, their property, or others

Question 17

what must take place in order for a medically assisted death to take place?

Answer 17

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

Question 18

what does being liable mean?

Answer 18

to be LEGALLY RESPONSIBLE or ACCOUNTABLE

Question 19

what is due diligence (as a defense)?

Answer 19

the ACCUSED has made EVERY EFFORT to AVOID committing the crime (took precautions, but it still happened)-relevant with health and safety regulations

Question 20

what is a strict liability offense?

Answer 20

requires that the ACCUSED ACKNOWLEDGES that the offense TOOK PLACE but DEFENDS themself with DUE DILIGENCE (harder to PROVE)

Question 21

what is an absolute liability offense?

Answer 21

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)

Question 22

what two elements does attempted homicide have?

Answer 22

INTENTION and ACTION towards completion of the crime (you still have the act of planning it-goes towards the actus reus)

Question 23

what is an attempted crime?

Answer 23

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)

Question 24

what is suicide?

Answer 24

the DELIBERATE taking of one’s OWN LIFE. by LAW, it is no longer a CRIMINAL offense

Question 25

what is decriminalization?

Answer 25

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)