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The flashcards below were created by user
stevendwhang
on FreezingBlue Flashcards.
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Homicide
- killing of another person caused by defendant
- 1) murder
- 2) voluntary manslaughter
- 3) involuntary manslaughter
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Murder
Killing of another person with malice aforethought.
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What is Malice aforethought?
- 1) intent to kill (can be first degree)
- -----Use of a deadly weapon in a *deadly manner* is a presumption of intent to kill.
- 2) intent to commit serious bodily injury (best is second degree murder)
- 3) Depraved Heart Murder - (recklessness) indifference to a known, high risk of death, evidencing an abandoned and malignant heart
- 4) felony murder rule - killing in the commission of, or the attempt to commit an inherently dangerous felony
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Felony Murder Rule
- killing in the commission of, or the attempt to commit an inherently dangerous felony
- 1) during the perpetration (from attempt until a place of temporary safety)
- 2) inherently dangerous felonies: BAARK
- -----Burglary, Arson, Rape, Robbery, Kidnapping
- -----Minority states, also include non-dangerous felonies committed in a dangerous manner
- 3) Felony must be independent from the act that caused death
- 4) Proximate cause - felony must be a foreseeable result of hte felony
- 5) Vicaroius Liability - no felony murder under majority rule if non-felon (victim or police) kills a felon
- 6) Under agency theory, defendant not liable when innocent party killed unless death caused by defendant or his agent
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First degree murder
- 1) must be statutory
- 2) CL - premeditated, deliberate intent to kill
- Premeditated: means D had time to think about killing the victim in his mind
- Deliberate: means D acted in a calm, cool rational frame of mind [anger, drinking, drugs]
- Intent: to kill/GBH, or intent to commit an inherently dangerous felony under felony murder rule
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Voluntary Manslaughter
- an intentional murder can be mitigated to voluntary manslaughter. manslaughter is homicide without malice
- 1) adequate provocation
- 2) heat of passion - no cooling time
- Note:
- -----the provocation must cause both objective and subjective passion
- -----objective passion: sudden and intense passion causing a reasonable person to lose control
- -----subjective passion: D must in fact have been provoked
- -----not enough time for a resaonable person to cool; D did not cool off.
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Involuntary Manslaughter
- 1) intent to inflict slight bodily injury (typically no weapon)
- 2) criminal negligence: gross deviation from the standard of care of a reasonable person
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Misdemeanor Manslaughter
- killing while committing a malum in se misdemeanor (inherently wrongful)
- inherently wrongful misdemeanors: battery, larceny, embezzlement, theft crimes, public intoxication, possession of drugs
- no misdemeanor-manslaughter for malum prohibitum (wrongful only because of statute)
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Assault
- 1) attempted battery, or
- 2) intentional creation of a reasonable apprehension of imminent bodily harm
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Battery
unlawful use of force causing a harmful or offensive contact of another
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False Imprisonment
- 1) Unlawful
- 2) confinement of a person
- 3) w/o their consent
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Rape
- 1) Unlawful sexual intercourse
- 2) w/ a female
- 3) against her will
- 4) by force or threat of immediate force
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Kidnapping
- unlawful confinement of a person, against their will, that involves either
- 1) some movement of the victim, or
- 2) concealment of the victim in a secret place
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Mayhem
dismemberment or disablement of a body part
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