Part 2 Criminal Homocide Flashcards
What is the difference between Murder 1st and Murder 2nd
• Murder 1 specifies 9 categories that set it apart from Murder 2
Helpful acronym for the 9 categories of Murder 1: WWHIPRRR2 or WW-HIP-RRR-2
1) W – Witness (criminal prosecution)
2) W – Witness (family court)
3) H – Hired Killer
4) I – Imprisoned
5) P – Prosecutor (includes LEO/Judge) * in performance of duty **
6) R – Restraining Order (court ordered 586)
7) R – Restraining Order (LEO ordered for abuse 709-906)
8) R – Restrained for Ransom/Shield/Hostage
9) 2 – Two or more persons
What is the penalty for Murder 1st
Murder 1 Penalty
Adult: Life without possibility of parole
Juvenile: Life w/ possibility of parole
What is the penalty for Murder 2nd
Murder 2 Penalty
Adult: Life with possibility of parole
Juvenile: Life w/ possibility of parole
What state of mind is required for Murder 1 and Murder 2?
Intentionally or Knowingly
What class of felony does Murder 1 and Murder 2 fall under?
Murder 1 and Murder 2 do not have a class assigned to them
But is normally Class A felony
Define manslaughter
Recklessly causes the death of another person
OR
Intentionally causes another person to commit suicide
What is the classification for manslaughter
Class A felony
What defense can reduce a murder charge to manslaughter?
An affirmative defense that the defendant (offender) has a reasonable explanation for being extremely mentally or emotionally disturbed (examples: documented as suffering from bipolar/schizophrenia/PTSD) ** not limited to these examples **
When you hear or read “Negligent Homicide” or “Negligent Injury” you should think of what?
Motor vehicles
Define Negligent Homicide in the 1st degree
Negligently cause the death of another under influence of drugs and/or alcohol
(OR)
Negligently cause the death of a Vulnerable User
What is the classification for Negligent homicide 1st
Class B felony
707-702.5
Define negligent homicide 2nd
Negligently cause the death of another
(OR)
Simple Negligence cause the death of a vulnerable user
What is the classification for negligent homicide 2nd
Class C felony
707-703
Define negligent homicide 3rd
Causes the death of another person by operation of a motor vehicle in a manner which is SIMPLE NEGLIGENCE
What is the classification for Negligent Homicide 3rd
Misdemeanor
What is a Vulnerable User?
Vulnerable User:
- Pedestrian (legally in roadway)
- Roadway Worker (includes: Construction/Maintenance/Police/Fire/EMS)
- Persons legally operating (bicycle/moped/mobility device/wheelchair) in roadway
What is the difference between Negligence and Simple Negligence?
Simple negligence:
Inattentive of a need to take extra precaution.
May have be acting lawfully at the time of the incident.
Example: Driving the speed limit through heavy fog and causing an accident that leads to the death of another.
Negligence:
Willfully disregarding the risk of an action
Probably committing a violation or breaking a law at the time of the incident.
Example: Exceeding the posted speed limit around a blind corner and causing an accident that leads to the death of another.
Define Negligent Injury 1st
Negligently cause serious bodily injury
(OR)
Negligently cause substantial bodily injury to a vulnerable user
What is the classification for Negligent injury 1st
Class C felony
707-705
Define Negligent Injury 2nd
Negligently cause substantial bodily injury by operation of a motor vehicle
What is the classification for Negligent Injury 2nd
Misdemeanor
707-706
What are the defining differences of Murder 1st and Murder 2nd
9 categories
Witness in family case Witness in criminal case Hired killer Imprisoned person Prosecutor (including LEO/Judge) on duty Restrained for ransom/shield/hostage Restrained by court order (chapter 586) Restrained by police officers (709-906) 2 or more people
What is the defining difference of manslaughter as opposed to murder 2nd
State of mind; recklessly causes death
What is the defining difference of the 3 Negligent Homicide
Neg 1 = DUI
Neg 2 = no DUI
Neg 3 = simple negligence
