Lesson 5.2 - Homicide Flashcards
Homicide Defintion
When a human being kills another human being. The victim must be self-existent, not an unborn child. But if the child has begun to breathe, it is immaterial that the death took place before complete delivery
What are the 2 categories of Criminal Homicide?
- Murder
- Culpable Homicide
What are the 2 categories of Non-Criminal Homicide?
- Casual Homicide
- Justifiable Homicide
What Human Right does Article 2 of the European Convention on Human Rights refer to?
Everyone’s right to life
Murder Definition
A common law crime and is committed when a person kills another without necessary cause and where there is either;
- An intention to kill, or
- A will act so reckless as to show utter disregard for the consequences
What are the other circumstances classed as murder?
- Death resulting from serious crime
- Provocation
- Diminished Responsibility
- Euthanasia
- Attempted Murder
Explain Provocation
A strong and immediate action which raises fear of serious injury or threat to life
Explain Diminished Responsibility
When the accused can defend themselves if it was proved they were totally insane at the time of murder
Culpable Homicide Definition
A crime at common law and it is committed by any person who unlawfully kills another person where death is caused by improper conduct but the guilt is less than murder.
There are three ways that culpable homicide can be committed;
- An intentional killing
- A consequence of unlawful acts
- Through undue negligence
What is an example of Justifiable Homicide?
A soldier on duty killing a person in obedience of a lawful order