Part 2 Criminal Homocide

Question 1

What is the difference between Murder 1st and Murder 2nd

Answer 1

• 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

Question 2

What is the penalty for Murder 1st

Answer 2

Murder 1 Penalty
Adult: Life without possibility of parole
Juvenile: Life w/ possibility of parole

Question 3

What is the penalty for Murder 2nd

Answer 3

Murder 2 Penalty
Adult: Life with possibility of parole
Juvenile: Life w/ possibility of parole

Question 4

What state of mind is required for Murder 1 and Murder 2?

Answer 4

Intentionally or Knowingly

Question 5

What class of felony does Murder 1 and Murder 2 fall under?

Answer 5

Murder 1 and Murder 2 do not have a class assigned to them

But is normally Class A felony

Question 6

Define manslaughter

Answer 6

Recklessly causes the death of another person

OR

Intentionally causes another person to commit suicide

Question 7

What is the classification for manslaughter

Answer 7

Class A felony

Question 8

What defense can reduce a murder charge to manslaughter?

Answer 8

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 **

Question 9

When you hear or read “Negligent Homicide” or “Negligent Injury” you should think of what?

Answer 9

Motor vehicles

Question 10

Define Negligent Homicide in the 1st degree

Answer 10

Negligently cause the death of another under influence of drugs and/or alcohol

(OR)

Negligently cause the death of a Vulnerable User

Question 11

What is the classification for Negligent homicide 1st

Answer 11

Class B felony

707-702.5

Question 12

Define negligent homicide 2nd

Answer 12

Negligently cause the death of another

(OR)

Simple Negligence cause the death of a vulnerable user

Question 13

What is the classification for negligent homicide 2nd

Answer 13

Class C felony

707-703

Question 14

Define negligent homicide 3rd

Answer 14

Causes the death of another person by operation of a motor vehicle in a manner which is SIMPLE NEGLIGENCE

Question 15

What is the classification for Negligent Homicide 3rd

Answer 15

Misdemeanor

Question 16

What is a Vulnerable User?

Answer 16

Vulnerable User:

1. Pedestrian (legally in roadway)
2. Roadway Worker (includes: Construction/Maintenance/Police/Fire/EMS)
3. Persons legally operating (bicycle/moped/mobility device/wheelchair) in roadway

Question 17

What is the difference between Negligence and Simple Negligence?

Answer 17

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.

Question 18

Define Negligent Injury 1st

Answer 18

Negligently cause serious bodily injury

(OR)

Negligently cause substantial bodily injury to a vulnerable user

Question 19

What is the classification for Negligent injury 1st

Answer 19

Class C felony

707-705

Question 20

Define Negligent Injury 2nd

Answer 20

Negligently cause substantial bodily injury by operation of a motor vehicle

Question 21

What is the classification for Negligent Injury 2nd

Answer 21

Misdemeanor

707-706

Question 22

What are the defining differences of Murder 1st and Murder 2nd

Answer 22

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

Question 23

What is the defining difference of manslaughter as opposed to murder 2nd

Answer 23

State of mind; recklessly causes death

Question 24

What is the defining difference of the 3 Negligent Homicide

Answer 24

Neg 1 = DUI
Neg 2 = no DUI
Neg 3 = simple negligence

Question 25

What is the defining difference of the 2 Negligent Injury

Answer 25

Neg injury 1st = serious bodily injury

Neg Injury 2nd = substantial bodily injury