Homicide Part 2 Flashcards
Unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life.
Depraved heart murder at common law (second degree murder/homicide)
Both depraved heart murder and reckless homicde require
Recklessness
_______________ murder requires an additional element: that the killing occur under circumstances manifesting extreme indifference to the value of human life.
Depraved heart
Intoxication
Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.
Speeding is a factor a court will consider in determining
if a driver’s behavior demonstrates an extreme indifference to the value of human life.
Near or non fatal collisions shortly before the fatal accident
Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.
Driving on the wrong side of the road
Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.
Failure to aid the victim
Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.
Failure to heed traffic signs
Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.
Failure to heed warnings about reckless driving
Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.
Prior record of driving offenses
Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.
_______ can be shown either by proof that the defendant intended to kill or by proof that the defendant consciously disregarded an extreme risk of death or serious bodily injury.
malice
____________ defenses are legally recognized justifications or excuses that excuse criminal culpability despite all of the elements of the crime being met.
Affirmative defenses
What is not a defense to homicide?
Consent
There is an inverse relationship between the strength of the evidence of guilt and the likelihood that an error affected the outcome.
Harmless Error