Homicide Ch. 13 Flashcards
Define homicide
Is the killing of a human being by another human being. (The term comes from the Latin Homo (man) and cidere (to kill))
What are the forms of homicide
Feticide, Fratricide, Genocide. Infanticide, Matricide, Patricide, Sororicide, suicide, Uxoricide, and Mariticide
Define Feticide
Killing a fetus in the womb
Define Fratricide
Killing one’s brother
Define Infanticide
Killing a child soon after birth
Define Matricide
Killing one’s mother
Define Sororicide
Killing one sister
Define Uxoricide
Killing one’s wife
Define Mariticide
Killing one’s husband
Define Adjustable justifiable homicide (excusable homicide)
Is the taking of human life when a legal justification exists
Justifiable homicide includes
Legal execution of murderers, the killing of others during battle, the killing of another in self-defense
Unborn children modern law
Is homicide to kill an unborn child in its mother’s womb the child is viable (having a reasonable capacity to live outside the womb)
Year and a day rule modern laws
Abolished in many states, as medical advances can prolong life of victims of violence and yet they might die (as a proximate cause of the attack)
Define Corpus Delicti
(The body on which a crime has been committed) must be accounted for convict someone of homicide
Term Corpus Delicti also refers to
All the elements that must be proved in a particular crime
Define Felonious homicide
A criminal (wrongful) homicide
Felonious homicide is divided into 2 categories
- Murder (capital crime (punishable by death).)
2. Manslaughter
Define murder
The unlawful killing of a human being by another with malice aforethought
Define malice aforethought
Is evil intent, historically referred to as deprived state of mind
Suicide is not a crime, but actions related to suicide can be criminal
- Counseling another to commit suicide
- Assist another in suicide
- Euthanasia
- Physician-assisted suicide
- Right to die laws
What are the 3 ways first-degree murder can be committed
- With deliberation premeditated (considered beforehand) malice aforethought
- With extreme atrocity or cruelty
- While in commission or attempted commission of certain felonies (felony murder)
Define premeditated malice aforethought
Thinking over, deliberately on, and weighting in the mind beforehand
Second-degree murder could be
- A murder not found to be 1st degree
- Murder malice was implied (not express)
- Murder without premeditation or deliberation
Define manslaughter
Unlawful killing of a human by another without malice aforethought
What are the 3 types of manslaughter
- Voluntary manslaughter
- Adequate provocation
- Involuntary manslaughter
Define voluntary manslaughter
Intent to kill is caused by violence from sudden passion occasioned by adequate provocation
Define Involuntary manslaughter
Unintentionally killing of another while in commission of an unlawful act that is not a felony or in the commission of a wanton or reckless act