Homicide Part 4 Flashcards

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1
Q

Gross Negligence is

A

A gross departure from the conduct of an ordinarily careful and prudent person

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2
Q

Gross negligence is also a disregard or indifference to the

A

Rights of others

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3
Q

Gross negligence involves a weighing of the

A

Inherent dangerousness of the act and environmental risk factors to determine whether the act is likely to bring harm to another.

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4
Q

For Gross Negligence: there must be a high degree of risk to human life: meaning

A

Somewhere between ordinary negligence’s unreasonable risk and depraved heart murder’s very high degree of risk.

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5
Q

Going over 30 MPH over the speed limit in a heavily congested residential and business area.

A

Example of gross negligence

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6
Q

A police officer tracking down an unarmed suspect, pointing a shotgun at the suspect, and accidentally firing the shotgun.

A

Gross negligence

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7
Q

Someone with little experience weapons and intoxicated brining a gun to a school dance and pointing at another.

A

Gross negligence

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8
Q

Involuntary manslaughter is an unintentional killing commmitted:
1.?
2.
3.

A

In the commission of an unlawful act not amounting to a felony (misdemeanor manslaughter)

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9
Q

Involuntary manslaughter is an unintentional killing commmitted:
1.
2.?
3.

A

In the commission of a lawful act that might produce death in an unlawful manner; or

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10
Q

Involuntary manslaughter is an unintentional killing commmitted:
1.
2.
3. ?

A

In the commission of a lawful act that might produce death without due caution and circumspection

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11
Q

To instruct on a lesser included offense, there has to be sufficient evidence presented at trial…

A

To support a conviction for the lesser-included offense.

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12
Q

General criminal intent requires a

A

Conscious wrongdoing

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13
Q

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?

A

First degree murder

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14
Q

The felony murder rule is _________ to the Untied States.

A

Unique

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15
Q

In general the felony murder rule holds a defendant

A

Culpable for a death that occurs during the course, attempt, or flight from a felony.

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16
Q

Under the felony murder rule whether the killing is first-degree or second-degree murder will depend on

A

The jurisdiction

17
Q

Felony murder is sometimes labeled a __________________ crime becuase it does not require a ________________ for the killing, just for the underlying felony.

A

Strict Liability
Mental state

18
Q

Unintentional and accidental killings can be prosecuted as murder if they occurred during the course or in the furtherance of a

A

Felony

19
Q

There are two different methods that courts use to decide if a felony is inherently dangerous:
1. ?
2.

A
  1. Viewing the statue in the abstract, looking at the text of the statute
20
Q

There are two different methods that courts use to decide if a felony is inherently dangerous:
1.
2. ?

A

Looking to the facts and circumstances of the underlying felony

21
Q

There are two different methods that courts look at to determine if a felony if inherently dangerous:
1. Viewing the statute in the abstract, looking at the text of the statute.
2. Looking to the facts and circumstances of the underlying felony
*A third option is to:

A

Avoid the question altogether and statutorily list the predicative felonies for felony murder

22
Q

The __________ approach limits felony murder to killings where the felon or their agent have committed the killing.

A

Agency

23
Q

The _________ _________ approach applies felony murder to any killing that occurs during the commission of the felony regardless of whether the victim is a co-felon killed “by one resisting the crime.”

A

Proximate cause