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Criminal Law Ch 9
Criminal Law Final
| Term | Definition |
|---|---|
| Common Law Murder | Killing a Person with "malice aforethought" |
| Common Law Manslaughter | Killing a person without "malice aforethought" |
| Malice Aforethought | The Premeditation or predetermination mens rea element 1.conscious intent to cause death or great bodily harm before the crime 2. a general evil and depraved state of mind in which the person in unconcerned for the lives of others |
| Elements of Murder | 1.Actus reaus- act of killing+2.Mens rea-intentional knowing or extremely reckless mental state+3.Causation+4.Death+5.Attendant Circumstances (aggravating circumstances) if required |
| Circumstantial Evidence | Evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact. |
| Second Degree Murder | includes Intentional murders that are NOT premeditated or deliberate. Also includes murder that is not intentional "implied Malice"murder include: felony murder, depraved heart murder, intent to inflict serious bodily injury murders |
| Felony Murder | An unintentional death that occurs during the commission of another felony is still murder; a doctrine holding felons strictly liable for any death resulting from the felony |
| Depraved Heart Murder | unintentional but extremely reckless murder |
| Manslaughter | not a defense to murder; it is an unlawful killing; it is not justifiable murder(it is only a lesser version of intentional murder) |
| Voluntary Manslaughter | intentional killing during "heat of passion" created by an adequate provocation; requires same elements of murder PLUS the additional element of Adequate Provocation |
| Involuntary Manslaughter | unintentional killing (either reckless or negligent mens rea) |
| Elements of Voluntary Manslaughter | 1.Actus Reus- voluntary act of killing another 2. Mens Rea-intent 3. Concurrence 4. Causation 5. Death PLUS 6. Adequate Provocation( the trigger that sets off the sudden killing of another) NO COOLING OFF period allowed |
| Adequate Provocation Elements | 1. has to be a provocation recognized by law 2. the defendant himself has to be provoked (sub. provocation) 3. provocation has to be one that would provoke a reasonable person under same circumstances (obj. provocation) |
| 4 Recognized Adequate Provocations | 1. mutual combat (fighting) 2. Assault and Battery- must indicate an intent by deceased to attack w/ deadly force 3. Trespass-only if trespasser invade home and threaten death or bodily harm 4. Adultery(in some states) |
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