Homicide Flashcards
What is required for 1st degree murder
Premeditation
What are the types of Homicide
1.) Murder
2.) Manslaughter
What is common law murder
(1) Killing of a
(2) Human being
(3) With malice and forethought
What are the options for malice aforethought
1.) Intent to Kill
2.) Intent to cause serious bodily injury that results in the death of the victim.
3.) Acting with EXTREME recklessness - Doing something that you know is very dangerous to human life ant not caring if death results.
4.) Intending to commit a felony and the felony results in the death of another.
What are the types of manslaughter
1.) Voluntary manslaughter
2.) Involuntary manslaughter
What is Voluntary Manslaughter
The intentional killing of a human being , but the killing is the result of a sudden heat of passion brought on by adequate provocation.
What is Involuntary Manslaughter
The reckless killing of a human being: knowing that conduct could lead to death but choosing to proceed despite the risk.
*****NOT TO BE CONFUSED WITH extreme recklessness MURDER
What is premeditation?
planning reflection and deliberation… even if only for a short time.
Felony Murder
if a person committed a felony, and someone
died as a result of the felony, the person is guilty of murder
Special Rules and Limitations when a state seeks, the death penalty
Mandatory Death Sentences Unconstitutional
Must Limit and Guide The Sentencers Discretion To Worst Murders AND
Defendant Must Have Opportunity to Present Mitigating Evidence
Categorical Limitations on Death Penalty
(i) Non Murders
(ii) Non- Intentional Killers
(iii) Juveniles
(iv) Intellectually Disabled
(v) Mentally Incompetent
(vi) Actual Innocence:
MURDERS THAT ARE Capital Murders
a Murder for hire,
b Endangering SEVERAL people
c Murder of police, DA, judge
d Murder DURING ESCAPE
e Outrageously OR wantonly vile, horrible or inhumane in that it would involve Torture
f Depravity of mind, or Agg battery
TEXAS–
g MURDER PERSON under the Age of 10;
h murder more than I PERSON
FEDERAL.
j Particularly vulnerable victim
Premeditation
What is required for 1st degree murder
1.) Murder
2.) Manslaughter
What are the types of Homicide
(1) Killing of a
(2) Human being
(3) With malice and forethought
What is common law murder