Homicide Part 2 Flashcards

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1
Q

Unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life.

A

Depraved heart murder at common law (second degree murder/homicide)

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2
Q

Both depraved heart murder and reckless homicde require

A

Recklessness

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3
Q

_______________ murder requires an additional element: that the killing occur under circumstances manifesting extreme indifference to the value of human life.

A

Depraved heart

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4
Q

Intoxication

A

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

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5
Q

Speeding is a factor a court will consider in determining

A

if a driver’s behavior demonstrates an extreme indifference to the value of human life.

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6
Q

Near or non fatal collisions shortly before the fatal accident

A

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

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7
Q

Driving on the wrong side of the road

A

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

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8
Q

Failure to aid the victim

A

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

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9
Q

Failure to heed traffic signs

A

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

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10
Q

Failure to heed warnings about reckless driving

A

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

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11
Q

Prior record of driving offenses

A

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

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12
Q

_______ 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.

A

malice

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13
Q

____________ defenses are legally recognized justifications or excuses that excuse criminal culpability despite all of the elements of the crime being met.

A

Affirmative defenses

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14
Q

What is not a defense to homicide?

A

Consent

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15
Q

There is an inverse relationship between the strength of the evidence of guilt and the likelihood that an error affected the outcome.

A

Harmless Error

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16
Q

The stronger the evidence supporting the verdict, the less likely it is that the error affected the outcome.

A

Harmless Error

17
Q

The weaker the evidence supporting the verdict, the more likely it is that the error affected the outcome.

A

Harmless error doctrine