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Dr. Chris Shields Criminal Law Course
|killings done by someone "not of sound memory and discretion"
|all homicides that are neither justifiable or excused
|murder (common law murder)
|killing a person with "malice aforethought"
|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
|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
|Unintentional deaths that occur during the commission of some other felonies
|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"
|killing of fetuses
|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
|Death penalty cases
|criteria for decision
|limited to the criteria established "before" the decision to sentence the defendant to death.
|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:
|provocation which causes a reasonable man to lose his normal self control...although a reasonable man would not kill...his homicidal reaction is understandable
|requires a killing during a "sudden heat of passion with no "cooling off period"
|cooling off time: would any other reasonable person under the same circumstances have had time to "cool off"
|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