Section 8 Flashcards
When someone dies they get taken to the ________ or _____ ________.
Corner
Medical Doctor
Someone who is a medical doctor is qualified to look at dead people. They are responsible for two things:
1.
2.
- Cause of death
2. Manner of death
Cause of death only has five choices 1. 2. 3. 4. 5.
natural accidental suicide homicide undetermined
Natural accidental suicide homicide undetermined
the only five choices tht the medical examiner can put down for the cuase of death
Cancer Old age Number of problems The good news for the medical examiner most of the time you die under a physician's care. Example hospital. Cause of death?
Natural
Can be a little more problematic. Example, drive off the road and slam your car into a tree. Would most likely be __________. Does it need an investigation?
accidental
yes it needs an investigation
Example, if slam into a tree. You could be intoxicated or someone could have cut your brake lines (murder). This is why accidental deaths needs an investigation. True or False.
true
Person taking their own life.
Suicide
Much more common than homicide is
suicide
It is not suicide that is illegal it is attempting suicide that is illegal. They will have the legal authority to detain people and get them help through mental rehab or something else. True or False
True
If attempted suicide was not illegal, it would be a lot harder for the state to do legally. True or False
True
Crime to help somebody or induce someone to commit a crime. This has to do with what?
Suicide
Example, case where two teenage friends and they had a falling out. The mother pretends to be someone else to harass the other girl and convince her to commit suicide. The mother was convicted.
Crime to attempt or help
Medical definition not the legal definition.
Homicide
Example, police kill someone. Every time there will be an ME report that comes and and says they died by homicide. Does it mean it was a crime?
No not all homicides are crimes
When the ME determines death by homicide it just means what?
One person killing another.
One person kills another all the time and it is not a crime. There are a lot of situations where one person kills another person and it is not criminal it is up to the jury to decide if it was the crime of ________.
Homicide
Death when you cannot tell what happened is classified as what?
undetermined
A lot of times those are unclear. It gets worse between how long the person dying and the person finding the body and reporting it. Evidence goes away over time.
Undetermined
Forensic anthropologists have found skeletons from years ago where they can identify the cause of death. Bare minimum of evidence just a few bones we can tell the cause of death. True or False
True
Is homicide always a crime?
no
Homicide is not always a crime
1.
2.
- excusable homicide
2. Justificable Homicide
It was a genuine accident.
Excusable homicide
Example, i trip and fall in just the right way and break their neck and they die. It was an actual genuine accident that i Killed them there was no malice or intent. Maybe negligence. I was not drunk and stumbling around it was just an accident.
Excusable homicide
Yes, I killed him and i admit to killing him but there was some law that allowed me to kill him. Self-defense
Justificable homicide
When it is not justifiable or excusable homicide it is what
?
legal crime
Homicide that is a crime they are not all the same. Every jurisdiction does it differently. Each state does it differently. Usually, the crime of homicide is divided into _____ and ________.
murder
manslaughter
In Texas there are four degrees of murder. 1. 2. 3. 4. Which is eligible for the death penalty?
Capital (Death penalty)
first
second
third degree murder
The only one of those eligible for the death penalty is ________ ______.
capital murder
The worst punishment you can get for first degree murder in texas is what?
Life in prison
Some states what is capital murder is first degree murder. True or False
True
Manslaughter
1.
2.
- intentional
2. unintentional
Manslaughter intentional vs unintentional. The exact defining lines is different based on jurisdiction and there is usually a lot of overlap. True or False
True
Is first degree murder usually pre-meditated?
Yes
Second-degree murder is intentional but not really planned out. True or False
True
_____ ___ ___ ______ that have to be proven in court before the jury can find someone guilty.
elements of the crime
With murder you have to prove that the victim is dead, and the defendant did it. You also have to prove it was not excusable or justifiable.
Elements of the crime
Common requirements: (elements of the crime. Homicide) 1. 2. 3. 4. 5. 6.
- causing the death of another person
- premeditation
- intent
- while committing a felony
- culpable negligence or depravity
- Negligence
Example, mechanic working on cars, reattach someone’s break lines loose and they wreck and die. Could this count as causing the death of another person?
Yes
Example, abolition. Under the supreme court law now that is not causing the death of another person. True or False
True
Planning ahead of time when you go to murder someone
Premeditation
Example, go over to the victim’s house to confront them and you make sure to bring your gun that you would not normally carry. This could show what?
Premeditation
Knowingly doing something that is likely to cause the death of another human being.
Intent
Example, pull a gun out and point it at you and pull the trigger. Spur of the moment with no pre meditation, i am still having what?
Intent
Example, on top of a building and trop and hit a vase and it falls off the building and hits someone in the head. You did not have intent so it was what?
accident
Example, at a shooting range and someone runs onto the range and you accidentally hit them. You intentionally pulled the trigger but you did not reasonably foresee killing someone. Does it count as murder?
no
Example, burglarizing someone’s house and they catch me, and i kill the,. Burglary is a felony and i committed a murder during the felony and that is either capital or first degree murder. True or False
True
Example, while committing shoplifting and murder that might be second-degree but not like if you were committing kidnapping. True or False
True
Different than regular negligence. Not doing something you should be doing. Two degrees of the same thing.
culpable negligence or depravity
Culpable negligence or depravity would be if you are a three year old and you never feed it because you are either too busy doing your own thing or you are too high on drugs there is no reasonable way. True or False
True
You could be trying to feed your house cat a vegan diet. Trying to keep the cat healthy but you are stupid. What is this?
Negligence
Where the line is between negligence and culpable negligence or depravity is determined by who ?
jury
