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Criminal Law Ch 9

Criminal Law Final

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)
Created by: 763668857