Homicide Flashcards
What is the difference between 1st degree and 2nd degree murder
1st degree murder includes the aggravating factors of deliberate premeditation, extreme atrocity or cruelty or the commission or attempted commission of a crime punishable by a life imprisonment
The term unlawful refers to the absence of ______ . ________ describes the particular mental state necessary for murder
justification
Malice
List the three ways that malice may be shown (Prongs)
1st Prong Intent to kill the victim
2nd Prong Intent to do grievous bodily harm
3rd Prong an act that a reasonable person would know is likely to kill another
Can an offenders voluntary intoxication negate his ability to form malice ?
yes
Can a fetus be the subject or a murder or manslaughter conviction ?
Yes, beginning at the point of viability
What is the elements of Voluntary Manslaughter(3)
The suspect unlawfully and intentionally
Used force in circumstances where the suspect experienced reasonable provocation
which caused the death of another person
The suffering of the murder victim is not a _________ factor in determining whether the murder was committed with extreme atrocity or cruelty
Mandatory
(Suffering is usually the key to whether the murder is atrocious or cruel but it is not Mandatory)
Following the decision in Comm v Castillo, the 1st degree factor of extreme atrocity or cruelty may be proven to the jury by the presence of any one of three things in the defendants actions, What are the three factors ?
1)Taking pleasure in the victims suffering
2) Using a method that will very likely increase the victims suffering
3) Using a totally excessive method (as judged by the number of blows, the extent of injuries, level of force, weapon or instrument used)
Comm v Brown decided that defendants can no longer be charged with murder based SOLEY on the fact the a killing occured during the commission of a _____ _____
Life felony
(The malice of each accomplice must now be proven. Therefore if a defendant commits an armed robbery as an accomplice and a killing occurs during the course of it. the defendant can only be found guilty of the murder if he knowingly participated with the intent)
Cannot charge an accomplice with felony murder if their other accomplice is killed by police or a _____ _____ attempting to stop the crime
Third party
For felony murder, The Commonwealth doe not have to prove that the defendant was the _______
Shooter
The defense of ______ is not available to juveniles who commit a gang related murder
duress
Lack of ________ is a complete defense to murder
jurisdiction
Pointing a loaded gun at someone does not prove the ________ to murder
intent
(Suspect refused to drop his gun and pointed it at an officer but was not enough to prove his intent to murder)
What is the difference between manslaughter and murder
Manslaughter is an unlawful killing without malice. The absence of malice differentiates manslaughter from murder
Manslaughter may be committed by a _________
corporation
Seeing an ex lover on a date with someone else is not sufficient provocation for _________
manslaughter
If a suspect is attacked and justified in defending himself, but uses” excessive force” in self defense he may be convicted of _________. The same is true if he used excessive force to defend another
Manslaughter
The defendant was attempting suicide with a handgun and her boyfriend tried to intervene and was killed by her. What is the charge ?
Involuntary Manslaughter
A landlord who fails to provide smoke detectors for his tenants may be charged with _______ if a tenant dies in a fire as a result
manslaughter
Parents who fail to provide medical treatment for their ailing child, based on religious convictions are guilty of _____ when the child dies
manslaughter
