Murder Exam Flashcards
What is the Actus Reus for murder? (actual word)
Actus reus= act; the physical action.
What is the Mens Rea for murder?
Mens Rea= intent; state of mind to commit a crime.
What are the intent words for Mens Rea?
“LY”: Negligenty, purposefully, knowingly, willingly, and recklessly.
What are the five criminal elements of murder?
- Actus Reus: killing
- Mens Rea: “LY”
- causation: act must cause harm; killing/loss of life
- concurrence—intent; happen at the same time
- attendant circumstances—other facts that define crime
What is the difference between first- and second-degree murder?
First degree is premeditated and planned, while second degree is intentional but lacks premeditation.
What is a bifurcated trial and when is it used?
It is a trial divided into 2 separate stages, typically used to separate the determination of liability/guilt from the determination of damages/penalties.
What’s a short fact pattern that proves premeditation/deliberate intent?
A killer carefully plans a murder, selecting a specific weapon and timing the attack to maximize their chances of success.
What is the felony murder rule?
A legal theory or doctrine that holds a person criminally responsible for a death that occurs during the commission of a felony, even if they did not directly cause the death.
What is the difference between murder in the first or second degree and manslaughter?
Murder involves malice aforethought and intent to kill, while manslaughter lacks premeditation and is often the result of recklessness or negligence.
What’s one example of adequate provocation that would reduce a first-degree murder charge to manslaughter?
Witnessing one’s spouse in the act of adultery could constitute adequate provocation to reduce a murder charge to manslaughter.
What are the criminal levels of murder in South Dakota codified law?
First and second-degree murder.
