Homicide Flashcards
murder
killing of human being with malice
where there are multiple sufficient causes
each d is deemed to cause death
malice means
intent to kill, transferred intent, intent to cause serious bodily injury
second degree murder
default category
what makes murder first degree?
premediation
what is premeditation?
thought before action– willful, deliberate and premeditated
evidence of premeditation
motice, source of weapon, breaks in action
aggravated murder
first degree, plus another element
kinds of elements
murder in commission of robbery, abduction or rape
police officer or prison guard
more than one victim in transaction
voluntary manslaughter
killing in the heat of passion
for voluntary man, you need
adequate provocation
adequate provocation
mutual combat, response to an assault, close family member in your presence, witnessing adultery
must affect reason and self control–objective test
be careful for..
passage of time and words
involuntary manslaughter
unintentional killing by reckless act
recklessness
wanton, reckless disregard for a high risk of fatal results