Offenses against persons Flashcards
At its core, what is homicide?
It is the killing of a human being.
Does not make a distinction between:
- lawful and unlawful
- against another or against self
- intent
What is lawful homicide?
The lawful killing of human being
Includes:
- Justifiable homicide
- Excusable homicide
What is justifiable homicide?
Killing another in self-defense or in defense of others when there is a serious danger of death or great bodily harm to self or others, or when authorized by law (i.e. law enforcement)
Excusable homicide
A death cause by accident or misfortune (an act of God). Example would be an unavoidable traffic accident.
What is doctor-assisted suicide?
The commission of suicide with the aid of a physician
What is a “right to die”?
A “right” to terminate one’s own life under certain circumstances. Highly controversial and not widely recognized.
What are some common levels of criminal homicide?
- First-degree murder
- Second-degree murder
- Voluntary manslaughter
- Involuntary manslaughter
Are all homicides criminal?
No, some may be justifiable or excusable.
What are the two main categories of criminal homicide?
Murder and manslaughter.
What distinguishes murder from manslaughter?
The former is committed with malice aforethought, meanwhile the latter is committed without malice.
What is murder?
The unlawful killing of another with malice aforethought.
What is manslaughter?
The unlawful killing of another without malice aforethought.
What is first-degree murder?
First-degree murder is the highest degree of unlawful homicide.
First-degree murder requires:
- premeditated intent to take the life of a human being
What is the felony murder doctrine?
A doctrine that states if a person dies during the commission (or attempted commission) of a dangerous felony, the offender may be found guilty of first-degree murder.
What is second-degree murder?
A murder that does not satisfy any of the following:
- no malice aforethought or premeditation
- not occurring in conjunction with other felonies
It usually involves a depraved heart.
What is depraved mind/heart?
A serious moral deficiency; a high level of maline often linked to second-degree murder.
What is manslaughter?
The unlawful killing of another human being without malice or premeditation.
What are the characteristics of voluntary manslaughter?
Some characteristics include:
- Small degree of willfulness by the offender
- Heat of passion
- Classic example is spouse catching their partner in bed with another and killing them in the heat of the moment
What is involuntary manslaughter?
The unlawful killing of another with no malice while engaged in otherwise lawful conduct
Example: striking and killing a pedestrian using the crosswalk with a car
What are two common burdens that the prosecution must prove in a homicide case?
- The victim of the crime must have been alive
- The defendant’s actions must have been the cause of the victim’s death
Some jurisdictions further specify that the death of the victim must occur within a stated period of time from the defendant’s actions.
What happened in People v. Dlugash (N.Y. 1977)? Why is it significant?
In this 1977 appellate case, the defendant–convicted of murder–admitted firing five shots into a body that had been shot minutes earlier. Medical experts testified that the victim’s status could not be ascertained. Thus, it could not be proven beyond a reasonable doubt that the defendant’s actions caused the death of the victim.
“It is not murder to shoot a dead body. Man dies but once.”
This case is significant because it makes use of the requirement that the victim be alive before the homicidal act.
What is the corpus delicti requirement?
Latin for “body of the crime.”
Has two conditions:
- A human being is dead
- The death was caused by the criminal act/agency of another person
What must the prosecution show to prove the corpus delicti?
The prosecution must show that the victim died as a result of a criminal act.
A criminal homicide conviction cannot be lawfully made if:
1. the deceased’s body is not recovered; and
2. the victim’s death cannot be determined
What must the prosecution establish in order to hold a defendant responsible for the death of a victim?
Proximate cause.
What is proximate cause?
The cause that is nearest to a given effect in a causal relationship.
What is the difference between assault and battery?
The former is an attempt at violence against another person, while the latter is a completed—or consumated—act of violence.
What elevates the crimes of assault and battery to aggravated assault and battery?
When a deadly weapon is used in either the attempt or consummated act of violence against another person.
What is the minimum requirement for an assault to become battery?
The crime has been committed when unwanted physical contact is made against another person.
List three examples of assault and one example of aggravated assault
List three examples of assault and one example of aggravated assault
List three examples of battery and one example of aggravated battery
List three examples of battery and one example of aggravated battery
What must the courts determine in order for an assault or battery to be considered “aggravated”?
- Was a deadly weapon used in the commission of the crime?
- Was there an infliction of great bodily harm?
What constitutes a deadly weapon?
Items that the court may consistently find to be considered as such include:
- Knife
- Gun
- Axe
- Club
The definition is not clear cut and varies by jurisdiction. Some courts may find items such as canes, feet, rocks, and hammers, as these may cause great bodily harm.
