The Murder Book Chapters 1 & 2 Flashcards
What is the difference between murder and homicide?
Murder does imply criminal intent while homicide is a broad definition of one human being killing another.
What is first degree murder?
Murders that were either premeditated, deliberate, or if it occurs during the commission of another felony.
What is second degree murder?
Other intentional killings.
What is a mala in se crime?
“wrong in itself”
Crimes that are considered to be naturally evil or wrong.
Examples are murder, rape, and the sexual molestation of a child.
What is a mala prohibita crime?
“defined as bad”
Crimes that exist because we have defined a certain behavior as illegal or bad. Examples are jaywalking, prostitution, drug abuse
How does the Model Penal Code define criminal homicide?
- A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.
- Criminal homicide is murder, manslaughter, or negligent homicide.
What is the first element of homicide according to the Model Penal Code?
Requires that a person does the act that kills purposely, knowingly, recklessly, or negligently.
What is the second element of homicide according to the Model Penal Code?
Requires the prosecution to prove that the actions of the accused caused the death of another.
What is the third element of homicide according to the Model Penal Code?
Stipulates that a killing of one person by another is unlawful unless it is justifiable or excusable.
What is the distinction that is made among murder, manslaughter, negligent homicide, first and second degree murder and justifiable homicide?
Has to do with mens rea, or the killer’s mental state
What is murder in the first degree according to the Model Penal Code?
(Also commonly known as aggravated or premeditated murder)
the (1) unlawful killing of (2) one person by another (3) with malice aforethought, and (4) with deliberation, purpose, design, or premeditation
How is malice aforethought defined?
as having the intent to kill; it may also include the intent to cause grave bodily harm, recklessness, or the intent to commit a felony
How is voluntary murder defined according to the Model Penal Code?
A type of first degree murder that is intentional killing with adequate provocation and committed in the heat of passion.
What is manslaughter according to the Model Penal Code?
the unlawful killing of a human being without premeditation
In common law, how would a killing be considered manslaughter instead of first or second degree murder?
The malice aforethought would have to be lacking because of provocation.
TRUE OR FALSE:
Provocation is not considered an affirmative defense to a charge of murder.
FALSE
Provocation IS considered to be an affirmative defense for murder.
Which distinguishes between voluntary and involuntary manslaughter, common law or Model Penal Code?
Common law
The Model Penal Code does not distinguish between voluntary and involuntary manslaughter.
What is the definition of involuntary manslaughter according to common law?
a killing that is unintentional and without malice; example would be a careless driver, the intent was not there but the negligent driving resulted in the death of another
What is the definition voluntary manslaughter according to common law?
A killing with no malice aforethought because of victim provocation or heat of passion.
What is the definition of manslaughter according to the Model Penal Code?
A killing committed when under the influence of extreme or emotional disturbance for which there is a reasonable explanation or excuse
FILL IN THE BLANK:
The Model Penal Code does not include the common law requirements of an immediate provocation, an excited emotional state, or a provocation by the victim. Instead, an extreme emotional or mental state can qualify a killing as manslaughter in the Model Penal Code as long as there is some reasonable explanation or excuse to explain it. The Model Penal Code thus focuses on ____________, whereas the common law focuses on ____________.
The Model Penal Code thus focuses on reasonableness, whereas the common law focuses on whether there was provocation.
What is negligent homicide is defined as according to the Model Penal code?
A death caused by negligence; a person may be responsible for the death of another if he or she fails to perform some duty.
What is the felony murder rule?
If the death of a human occurs during a dangerous felony crime, even if there was no specific intent to murder, a person may be held accountable for the murder.
