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Criminal Law
Dr. Chris Shields Criminal Law Course
| Question | Answer |
|---|---|
| justifiable homicide | self defense |
| excusable homicide | killings done by someone "not of sound memory and discretion" |
| criminal homicide | all homicides that are neither justifiable or excused |
| murder (common law murder) | killing a person with "malice aforethought" |
| manslaughter | killing a person without malice aforethought |
| Elements of Murder | 1. Actus reus: the act of killing 2. Mens rea: purpose or knowledge , or extreme recklessness 3. Causation: the act caused 4. Death 5. Attendant circumstances |
| First Degree Murder | 1. Premeditated,, deliberate, intent to kill murders 2. Felony Murders |
| Death Penalty | Mandatory death sentences are banned Unguided discretionary death penalty decisions are banned Mitigating factors are required: states can not limit Additional aggravating factors are allowed: judges or juries allowed to consider |
| Felony Murder | Unintentional deaths that occur during the commission of some other felonies |
| Voluntary manslaughter | In voluntary manslaughter active provocation is the trigger that sets off killing. All of elements of actus reus, mens reas, causation and death exist. |
| born alive rule | throughout most of history a fetus had to be born alive or capable of beating and maintaining a heartbeat on its own. Central concept to "who is a victim" |
| feticide | killing of fetuses |
| euthanasia | the practice of bring about the death of someone who suffers from an incurable illness or disease |
| presumption of bodily integrity | states cannot exercise rights over other individuals members of society except for the prevention of "harm to others" |
| depraved heart murder | extremely reckless killing: knowingly creating a substantial and unjustifiable risk |
| capital cases | Death penalty cases |
| criteria for decision | limited to the criteria established "before" the decision to sentence the defendant to death. |
| bifurcation | two phases as in "death penalty cases". Trial to determine guilt and trial to determine any mitigating factors that should be considered for or against capitol murder |
| equivalent of specific intent | Courts have criticized as it is believed that thses rules leave no real difference between first and second degree murder. 3 categories can be domeonstrated: 1.facts about what was done prior to the killing 2. facts about the defendants relationship to th |
| second degree murder | "Unintentional murders" Including "implied malice crimes: |
| understandable provocation | provocation which causes a reasonable man to lose his normal self control...although a reasonable man would not kill...his homicidal reaction is understandable |
| Voluntary manslaughter | requires a killing during a "sudden heat of passion with no "cooling off period" |
| Objective test | cooling off time: would any other reasonable person under the same circumstances have had time to "cool off" |
| Causation | To prove manslaughter one has to prove that the provocation cause the passion and the killing |
| Extreme mental or emotional disturbance manslaughter provision | Either committed recklessly or homicide that is committed that would otherwise be considered murder but there is a reasonable explanation or excuse |
| Last straw rule , long smoldering, slow burn rule | bright line is not as bright: some states take the view that adequate provocation is defined as a smoldering resentment culminating in a triggering event that by itself may be insufficient to provoke a deadly act |
| criminal negligence manslaughter | includes mental elements of both recklessness and negligence |
| Unlawful Act manslaughter | deaths that occur during the commission of unlawful acts |
| Malum prohibitum crime | the death had to be considered a foreseeable risk in the commission of the crime |
Created by:
akenner
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