Homicide Part 4 Flashcards
Gross Negligence is
A gross departure from the conduct of an ordinarily careful and prudent person
Gross negligence is also a disregard or indifference to the
Rights of others
Gross negligence involves a weighing of the
Inherent dangerousness of the act and environmental risk factors to determine whether the act is likely to bring harm to another.
For Gross Negligence: there must be a high degree of risk to human life: meaning
Somewhere between ordinary negligence’s unreasonable risk and depraved heart murder’s very high degree of risk.
Going over 30 MPH over the speed limit in a heavily congested residential and business area.
Example of gross negligence
A police officer tracking down an unarmed suspect, pointing a shotgun at the suspect, and accidentally firing the shotgun.
Gross negligence
Someone with little experience weapons and intoxicated brining a gun to a school dance and pointing at another.
Gross negligence
Involuntary manslaughter is an unintentional killing commmitted:
1.?
2.
3.
In the commission of an unlawful act not amounting to a felony (misdemeanor manslaughter)
Involuntary manslaughter is an unintentional killing commmitted:
1.
2.?
3.
In the commission of a lawful act that might produce death in an unlawful manner; or
Involuntary manslaughter is an unintentional killing commmitted:
1.
2.
3. ?
In the commission of a lawful act that might produce death without due caution and circumspection
To instruct on a lesser included offense, there has to be sufficient evidence presented at trial…
To support a conviction for the lesser-included offense.
General criminal intent requires a
Conscious wrongdoing
The defendant breaks into the victim’s home at night with the intent to commit a theft. The victim discovers the defendant. The defendant is holding a gun, but runs out of the house, shutting the door to the house behind him. As he is running, the defendant slips and falls. The gun goes off and the bullet goes through the door and strikes the victim, killing him. What is the highest degree of murder for which the defendant can be charged?
First degree murder
The felony murder rule is _________ to the Untied States.
Unique
In general the felony murder rule holds a defendant
Culpable for a death that occurs during the course, attempt, or flight from a felony.