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death caused by unexpected or uninteded means.
Accidental Death v. Accidental Killing?
Diff. levels of intent
death that is the result of a purposeful human act lawfully undetaken in the reasonanle belief that no ham would result.
- Permitted under the law
- Justifiable for the good of society
- Without blame
- 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.
Purposeful, knowing, reckless, or negligent killing of one human being by another.
Unlawful killing of a human being, carried out with malice or planned in advance. (w/ malice aforethought)
Killing of another without malice aforethought. (No malice or premeditation)
How many years till death is official?
A confession is not enough. Enough evidence of death is needed.
determined by a flat reading on an EEG
"Cessation of life"; heart & respiration cease.
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
Voluntary, conscious conduct. An affirmative act is not an omission or a failure to act.
the first cause of events whose ending result is foreseeable.
What are the elements of murder?
- An unlawful killing
- Of a human being
- With malice aforethought
What is murder in Indiana?
A person who knowingly or intentionally kills another human being.
- Act of deliberating, mediating on, or planning a couse of action such as a crime.
- leads to 1st degree
An unjustifiable, inexcusable, and unmitigated person-endangering state of mind.
What acts automatically leads to 1st degree murder?
- Lying in wait
What are some aggravating circumstances?
- Criminal Gang Activity
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.
What is capital murder?
Murder for which the death penalty is authorized by law.
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..)
Provocation that "would cause a reasonable person to lose self-control."
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.
Unintentional killing for which criminal liability is imposed but that does not constitute murder.