Unit 4: Violent Crimes Flashcards
Violent Crimes Are
Offences that Harm the human body
Blameable (intentional or foreseeable) is?
Being Culpable
Death is accidental or in self defence is?
Non-Culpable
1st Degree Murder is?
-Planned
-Someone is Hired
-Victim is Law Enforcement
- Committed while committing another crime
2nd Degree Murder is?
-Men’s Rea is Intent
- Foreseeable that something may cause deaths
Manslaughter is?
- Culpable (Blameable) homicide thay isn’t murder
-Infanticide ( Mother Killing Infant Child)
- Killing Someone during Wrongful Act Unintentionally
1st Degree Murder Sentence?
Life in Prison (without parole)
Min- 25 Years
2nd Degree Murder Charge?
Life with parole after 10 Years
Murder can be changed to Manslaughter if?
- Provocation (Being Provoked)
- Severe Intoxication
For Murder Crown Must Prove
- Offenders Identity
- Offenders State of Mind ( Men’s Rea, Intent Knowledge Recklessness)
- Death ( is there a body?) and Actus Reas
- Causation ( death is related to offenders action )
Elements of Provocation
- Evidence of Wrongful Act or Insult
-Deprive Someone of their Self Control
- Offender Acted in Heat of the Moment
Self Defence Test Includes?
- Accused has to believe there was a serious threat to them
- Purpose to Protect Others or Themselves
- Act must be reasonable under the circumstances
Types of Circumstances
Mitigating - Factors that’s lessen responsibility of offender, May Decrease Sentence
Aggravating - Factors that Increase Responsibility of Offender, May Increase Sentence
Levels of Assault
- Assault
- Assault Causing Bodily Harm
- Aggravated Assault
Level 1 Assault is
- Attempting, Gesturing, Threatening, Applying Intentional Force
- Physically Interfering with Someone’s Movement