Crim Law Ch 7

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Author:
missancy
ID:
102832
Filename:
Crim Law Ch 7
Updated:
2011-09-19 21:48:38
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Criminal Law
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Criminal Law Ch 7 Notes
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  1. Accidental Death?
    death caused by unexpected or uninteded means.
  2. Accidental Death v. Accidental Killing?
    Diff. levels of intent
  3. Accidental Killing?
    death that is the result of a purposeful human act lawfully undetaken in the reasonanle belief that no ham would result.
  4. Justifiable Homicide?
    • Permitted under the law
    • Justifiable for the good of society
    • Self-defense
    • Without blame
  5. 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.
  6. Crim. Homicide?
    Purposeful, knowing, reckless, or negligent killing of one human being by another.
  7. Murder?
    Unlawful killing of a human being, carried out with malice or planned in advance. (w/ malice aforethought)
  8. Manslaughter?
    Killing of another without malice aforethought. (No malice or premeditation)
  9. How many years till death is official?
    7 years
  10. Corpus delicti?
    A confession is not enough. Enough evidence of death is needed.
  11. Brain death?
    determined by a flat reading on an EEG
  12. Death?
    "Cessation of life"; heart & respiration cease.
  13. 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
  14. Affirmative Act?
    Voluntary, conscious conduct. An affirmative act is not an omission or a failure to act.
  15. Proximate cause?
    the first cause of events whose ending result is foreseeable.
  16. What are the elements of murder?
    • An unlawful killing
    • Of a human being
    • With malice aforethought
  17. What is murder in Indiana?
    A person who knowingly or intentionally kills another human being.
  18. Premediation?
    • Act of deliberating, mediating on, or planning a couse of action such as a crime.
    • leads to 1st degree
  19. Malice aforethought?
    An unjustifiable, inexcusable, and unmitigated person-endangering state of mind.
  20. What acts automatically leads to 1st degree murder?
    • Posion
    • Torture
    • Lying in wait
  21. What are some aggravating circumstances?
    • Rape
    • Arson
    • Torture
    • Robbery
    • Kidnapping
    • Criminal Gang Activity
  22. 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.
  23. What is capital murder?
    Murder for which the death penalty is authorized by law.
  24. 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..)
  25. Adequate Provocation?
    Provocation that "would cause a reasonable person to lose self-control."
  26. 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.
  27. Involuntary Manslaughter?
    Unintentional killing for which criminal liability is imposed but that does not constitute murder.

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