Elements of Criminal Offenses

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Author:
catahue2
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83264
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Elements of Criminal Offenses
Updated:
2011-05-02 15:30:49
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Death elements
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This is the death elements
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  1. What are the elements of Manslaughter in the 2nd degree?
    • 1. death of a person
    • 2. death is unlawful
    • 3. death is cause by the culpable negligence of the defendant
  2. What is neglient homicide highway defined?
    A highway is the width between the boundry lines of every way publicy maintained when any part thereof is open to the use of the public for purposes of vehicular travel
  3. What are the elements of negligent homicide?
    • 1. death of a person
    • 2. defendants driving a casr on a highway
    • 3. reckless disregard
    • 4. death occurred within a year of causing the injury
    • 5. defendent is at least 16 years old
  4. What are the elements of justifiable homicide by any person?
    • 1. when resisting an attempt on their life,
    • {or} resisting a felony,
    • {or} breaking into their dwelling
    • {or} when lawfully protecting someone
    • {or} when trying to catch someone who committed a felony, quash a riot, or perserving the peace
  5. What are the elements of justifiable homicide by an officer?
    • 1. executions
    • 2. arresting someone or prevent escape from custody
    • a. escape from custody
    • b. police officer to believe the person will enganger a loife
    • 3. legal duty to protect himself
    • 4. prevent a prison break nless known
    • a. person has no violent history
    • b. the perseon won't endanger someone
  6. What is excusable homicide defined?
    • 1. when commited by accident or misforturne while doing a lawful act
    • lawful means: usual & ordinary caution & without intent
    • 2. when commited in the heat of passion upon any & sudden provocation or in a fight with no undue advange, dangerous weapon, or cruel or unusual manner (self defense)
  7. What is manslaughter in the 2nd degree: culpable negligence
    culpable negligence - omission to do something iwhich a resonably careful peson would do or lack of the usual ordinary care & caution in the performance of an act usually excersided by a person under the same circumstances
  8. What is manslaughter in the 2nd degree?
    Every killing of a person by the act, procument or culpable negligence of another is not murder, manslaughter in the 1st degree, not excusable or justifiable homicide
  9. What are the elements of manslaughter in the 1st degree?

    also known as misdemeanor manslaughter
    • 1. death of a human
    • 2. occurring as a direct result of an act or event which happened during the commission of a misdemeanor
    • 3. caused by the defendant of the misdemenanor
    • 4. elements of the misdemeanor
  10. What are the elements of Murder in the 1st degree with malice aforethought?
    • 1. death of a human
    • 2. death was unlawful
    • 3. death was caused by the defendant
    • 4. the death was caused with malice aforethought
  11. What are the elements of murder in the 1st degree: felony murder?
    • 1. death of a human
    • 2. death occurred as a result of an act or event which happened in the commission of a felony
    • 3. caused by the defedant (any person engaged with the defendant while in the commissionof a felony)
    • 4. the mititgating felony elements of the crime are
    • a. forcible rape
    • b. robbery with a dangerous weapon
    • c. kidnapping
    • d. escape from custody
    • e. arson
  12. What are the elements of murder in the 2nd degree by imminently dangerous content?
    • 1. death of a human
    • 2. caused by conduct which was immenently dangerous to another/other person(s)
    • 3. conduct was that of the defendant
    • 4. conduct evidenced a depraved mind in extreme disregard of human life
    • 5. was not done with the intention of taking a life or of harming an individual
  13. What are the elements of murder in the 2nd degree by felony murder
    • 1. death of a human
    • 2. occurring as a result of an act or event which happened in the comjmision of a felony that is not rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, 1st degree burglary or arson, or unlawful drug dealing or traffiking in drugs
    • 3. caused by the defendant/connection to during the felony
    • 4. elements of the felony are alleged to have been as a result
  14. What are the elements of manslaughter in the 1st degree by dangerous weapon
    • 1. death of a human
    • 2. death was not excusable or justifiable
    • 3. inflicted by means of a dangerous weapon
    • 4. caused by the defendant
    • 5. when performing the conduct which caused the death, defendant was in the heat of passion
  15. What are the elements of manslaughter in the 1st degree by heat of passion
    • 1. death of a human
    • 2. death was not justifiable or excusable
    • 3. inflicted in a cruel & unusual manner
    • 4. caused by the defendant
    • 5. when performing conduct that caused death, defendent was in the heath of passion
  16. What are the elements of manslaughter in the 1st degree by resisting criminal attempt
    • 1. death of a human
    • 2. perpetrated unnessesarily, while resisting an attempt by the deceased to commit a crime or after an attempt by the deceased had failed
    • 3. perpetrated by the defendant
  17. What are the elements of manslaughter in the 2nd degree
    • 1. death of a human
    • 2. death was unlawful\
    • 3. death was casued by the culpable negligence of the defendant

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