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Accidental Death?
death caused by unexpected or uninteded means.
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Accidental Death v. Accidental Killing?
Diff. levels of intent
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Accidental Killing?
death that is the result of a purposeful human act lawfully undetaken in the reasonanle belief that no ham would result.
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Justifiable Homicide?
- Permitted under the law
- Justifiable for the good of society
- Self-defense
- Without blame
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Excusable homicide?
- A killing conducted in a manner that the criminal law does no prohibit.
- Invovles some sort of fault but not criminal.
- Vehicular accident where the driver was not neligent but excusable.
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Crim. Homicide?
Purposeful, knowing, reckless, or negligent killing of one human being by another.
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Murder?
Unlawful killing of a human being, carried out with malice or planned in advance. (w/ malice aforethought)
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Manslaughter?
Killing of another without malice aforethought. (No malice or premeditation)
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How many years till death is official?
7 years
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Corpus delicti?
A confession is not enough. Enough evidence of death is needed.
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Brain death?
determined by a flat reading on an EEG
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Death?
"Cessation of life"; heart & respiration cease.
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Year & a day rule?
- Common law requirement that homicide prosecutions could not take place if the victim did not die within a year and a day from the time that the fatal act occurred.
- If they died during that time period = conviction
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Affirmative Act?
Voluntary, conscious conduct. An affirmative act is not an omission or a failure to act.
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Proximate cause?
the first cause of events whose ending result is foreseeable.
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What are the elements of murder?
- An unlawful killing
- Of a human being
- With malice aforethought
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What is murder in Indiana?
A person who knowingly or intentionally kills another human being.
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Premediation?
- Act of deliberating, mediating on, or planning a couse of action such as a crime.
- leads to 1st degree
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Malice aforethought?
An unjustifiable, inexcusable, and unmitigated person-endangering state of mind.
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What acts automatically leads to 1st degree murder?
- Posion
- Torture
- Lying in wait
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What are some aggravating circumstances?
- Rape
- Arson
- Torture
- Robbery
- Kidnapping
- Criminal Gang Activity
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Depraved Heart Murder?
- Unjustifiable conduct that is extremely negligent and results in the death of a human being;
- Or the killing of a human being with extreme atrocity.
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What is capital murder?
Murder for which the death penalty is authorized by law.
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What is Felony Murder?
- Rule that established murder liability for a defendant if another person dies during the commission of certain felonies.
- (Arson, rape, robbery, deal/manufactoring certain drugs, etc..)
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Adequate Provocation?
Provocation that "would cause a reasonable person to lose self-control."
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Adequate Cause?
a cause that would commonly produce a degree of anger, rage, or terror in a person of ordinary temper, sufficient to render the mind of the defendant incapable of objective reflection.
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Involuntary Manslaughter?
Unintentional killing for which criminal liability is imposed but that does not constitute murder.
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