Criminal Justice Chap. 9

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Criminal Justice Chap. 9
2010-04-23 17:33:27
Criminal Justice

Chapter 9
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  1. Born-Alive Rule
    Homicide law once said that to be a person, and therefore a homicide victim, a baby had to be "born alive" and capable of breathing and maintaining a heartbeat on its own.
  2. Feticide
    law defining when life begins for purposes of applying the law of criminal homicide
  3. Murder
    intentionally causing the death of another person with "malice aforethought"
  4. manslaughter
    unlawful killing of another person without malice aforethought
  5. justifiable homicide
    killing in self-defense capital punishment and police use of deadly force
  6. excusable homicide
    accidental killing done by someone "not of sound memory and discretion" (insane and immature)
  7. criminal homicide
    a homicide that's neither justified nor excused.
  8. malice aforethought
    killing on purpose after planning it
  9. depraved heart murder
    extremely reckless killing
  10. intent-to-cause-serious-bodily-injury murder
    murder when death results following acts triggered by the intent to inflict serious bodily injury short of death
  11. "express" malice aforethought
    intentional killings planned in advance
  12. "implied" malice aforethought
    killings that weren't intentional or planned but still resulted from the intention to do harm.
  13. murder actus reus
    causing a death of a person
  14. murder mens rea
    the purposeful, knowing, reckless, or negligent killing of a person.
  15. capital cases
    death penalty cases in death penalty states and "mandatory life sentence without parole" cases in non-death penalty states.
  16. bifurcation
    a mandate that the death penalty decision be made in two phases: a trial to determine guilt and a second separate proceeding, after a finding of guilt to consider the aggravating factors for and mitigating factors against , capital punishment
  17. criteria for decision
    must be limited by the criteria established and announced before the decision to sentence the defendant to death but includes aggravating factors for the mitigating factors against imposing death
  18. specific-intent-plus-premeditation-deliberation definition
    the law looks at three areas to determine whether a killing was premeditated and deliberate:signs of planning, motive, and deliberate method in the killing
  19. first-degree murder
    premeditated, deliberate killings and other particularly heinous capital murders
  20. second-degree murder
    a catchall offense including killings that are neither manslaughter nor first degree murder, unintentional killings
  21. felony murder
    unintentional deaths that occur during the commission of felonies.
  22. third-party exception
    defense to felony murder that someone other than the felon caused the death during the commission of a felony.
  23. resisting-victim exception
    exception to the third-party exception to felony murder, in which the defendant can be charged with the killing of his accomplice committed by the resisting victim.
  24. inherently dangerous felony approach
    courts look at the felony in the abstract-if a felony can be committed in a way that's not dangerous to life even if it was committed in a dangerous way in the case before the court, then its not inherently dangerous
  25. case-by-case approach
    the facts and circumstances surrounding the way the felony was committed in the particular case, not the elements of the crime in the abstract, may be considered to determine whether it was dangerous to human life.
  26. voluntary manslaughter
    intentional killings committed in the sudden heat of passion upon adequate provocation
  27. adequate provocation
    The circumstances element in voluntary manslaughter that is the trigger that sets off the sudden killing of another person acts that qualify as reducing murder to manslaughter
  28. objective test of cooling-off time
    in voluntary manslaughter, the element of whether in similar circumstances a reasonable person would've had time to cool off
  29. last-straw rule
    a smoldering resentment or pent-up rage resulting from earlier insults or humiliating events, culminating in a triggering event that, by itself, might be insufficient to provoke the deadly act.
  30. extreme mental or emotional disturbance
    a defense that reduces criminal homicide to manslaughter if emotional disturbance provides a reasonable explanation from the defendant's action.
  31. paramour rule
    a husband who caught his wife in the act of adultery had adequate provocation to kill and could reduce criminal homicide to voluntary manslaughter
  32. involuntary manslaughter
    criminal homicides caused either by recklessness or gross criminal negligence
  33. criminal negligence manslaughter
    includes the mental elements of both recklessness and negligence
  34. unlawful act manslaughter
    sometimes called "misdemeanor manslaughter," it's involuntary manslaughter based on deaths that take place during the commission of another crime
  35. unlawful act
    include everything from committing felonies, misdemeanors, and even traffic violations, city ordinances, administrative crimes, and noncriminal wrongs, such as civil trespass and other torts.