Murder Flashcards

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1
Q

Degrees of Murder

A

First Degree Murder, Second Degree Murder, Manslaughter

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2
Q

First Degree Murder

A

Premeditated Killing, Felony Murder

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3
Q

Premeditated Killing

A

Must be human, must die

Defendant had intent or knowledge that conduct would bring about result.

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4
Q

Felony Murder

A

Any foreseeable death even if accidental during the commission of a felony (EXCEPT death of co-felon)

Police officer death - if defendant knew victim was law enforcement and victim was acting within scope of duty

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5
Q

Defenses to Felony Murder

A

Not guilty of underlying felony, defense to underlying felony, victim’s death was unforeseeable, Defendant reached a place of temporary safety before killing occurred.

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6
Q

Second Degree Murder

A

Depraved Heart Murder - reckless indifference to unjustifiable risk to human life.
Murder not enumerated under 1st degree murder

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7
Q

Manslaughter

A

Voluntary, Negligent Manslaughter

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8
Q

Voluntary Manslaughter

A

Killing done under heat of passion caused by adequate provocation, there was no time to cool off and defendant didn’t cool off.

Adequate Provocation - Event which would cause reasonable person to lose control…defendant lost control.

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9
Q

Negligent Manslaughter

A

Misdemeanor Manslaughter - killing someone during commission of misdemeanor.

A killing of criminal negligence.

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