homicide Flashcards
2nd degree murder
causing death of a human with malice
1st degree murder
2nd degree murder + premeditation
premeditation
thought before action
can be within seconds
examples of premeditation
IDable motive
going back to get the gun
break in the action before you kill
aggravated murder
1st degree murder + statutory element
Examples of aggravated murder
killing a cop
killing during commission of robbery/abduction
killing more than 1 person at once
voluntary manslaughter
legally adequate provoking causing D to intentionally kill in the heat of passion
examples of voluntary manslaughter
mutual combat
response to being assaulted
immediate response to assault on family
walking in on wife banging
what is NOT justifiable for voluntary manslaughter?
mere words
what is the appropriate standard for determining is provocation was adequate?
objective provocation makes D angry enough to affect reason and control
involuntary manslaughter
unintentionally killing by reckless act
I understood the risk and I acted reckless anyways