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Criminal Law 2
Chapter 9 &10
| Term | Definition |
|---|---|
| Born-alive rule | The rule that to be a person, and therefore a homicide victim, a baby had to be “born alive” and capable of breathing and maintaining a heartbeat on its own. |
| Feticide | The crime of killing a fetus. |
| Murder | killing a person with “malice aforethought.” |
| Manslaughter | killing a person without malice aforethought. |
| Justifiable homicide | killing in self-defense. |
| Excusable homicide | killings done by someone “not of sound memory and discretion.” |
| Criminal homicide | all homicides that are neither justified nor excused. |
| Malice aforethought | originally the mental state of intentional killing, with some amount of spite, hate, or bad will, planned in advance of the killing. |
| Depraved heart murder | extremely reckless killings. |
| Intent to cause serious bodily injury murder | no intent to kill is required when a victim dies following acts triggered by the intent to inflict serious bodily injury short of death. |
| Serious bodily injury | bodily injury that involves a substantial risk of death; protracted unconsciousness; extreme physical pain; protracted or obvious disfigurement; or protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty. |
| “Express” malice aforethought | the mental element of killings that fit the original meaning of “murder”—intentional killings planned in advance. |
| “Implied” malice aforethought | the mental element of intentional killings without premeditation or reasonable provocation; unintentional killings during the commission of felonies; depraved heart killings; and intent to inflict grievous bodily harm killings. |
| Murder Actus Reu | the act of killing by poisoning, striking, starving, drowning, and a thousand other forms by which human nature can be overcome |
| Murder Mens Rea | can include purposeful, knowing, or reckless as the mental element in killing. |
| First-degree murder | the only crime today in which the death penalty can be imposed, consisting of (1) premeditated, deliberate intent to kill murders and (2) felony murders. |
| Capital cases | death penalty cases in death penalty states and “mandatory life sentence without parole” cases in non–death penalty states |
| Bifurcation procedure | the requirement that the death penalty decision be made in two phases: a trial to determine guilt and a second separate proceeding, after a finding of guilt, to consider the aggravating factors for, and mitigating factors against, capital punishment. |
| Deadly weapon doctrine | one who intentionally uses a deadly weapon on another human being and thereby kills him is presumed to have formed the intent to kill. |
| Second-degree murders | murders that aren’t first-degree murders, including intentional murders that weren’t premeditated or deliberate, felony murders, intent to inflict serious bodily injury murders, and depraved heart murders. |
| Felony murder rule derives | unintentional deaths that occur during the commission of some felonies are murders. |
| Manslaughter | an ancient common law crime created by judges, not by legislators, consisting of two crimes: voluntarily or involuntarily killing another person. |
| Voluntary manslaughter | suddenly and intentionally killing another person in the heat of anger following adequate provocation; elements include murder actus reus, mens rea, causation, and death. |
| Adequate provocation | the requirement that the provocation for killing in anger has to be something the law recognizes, the defendant himself had to be provoked, and that a reasonable person would have been provoked. |
| Objective test of cooling-off time | requires that a reasonable person under the same circumstances would have had time to cool off. |
| “Words can never provoke” rule | the rule that words are never adequate provocation to reduce murder to manslaughter. |
| “Last-straw” rule also called the “long smoldering” or “slow burn” rule | defines adequate provocation as “a smoldering resentment or pent-up rage resulting from earlier insults or humiliating events culminating in a triggering event that, by itself, might be insufficient to provoke the deadly act.” |
| Extreme mental or emotional disturbance manslaughter | homicide committed under the influence of extreme mental/emotional disturbance for which there is reasonable explanation/excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of the person in the actors situation. |
| Paramour rule | the common law rule that a husband who caught his wife in the act of adultery had adequate provocation to kill; today, it applies to both parties of a marriage. |
| Gay panic | adequate provocation based on “the theory that a person with latent homosexual tendencies will have an extreme and uncontrollably violent reaction when confronted with a homosexual proposition |
| Emotion–act distinction | separating the emotions that led to a killing from the question of whether the killing itself was reasonable |
| Act reasonableness | meaning “a finding that a reasonable person in the defendant’s shoes would have responded as violently as the defendant did.” |
| Emotional reasonableness | a finding that “the defendant’s emotional outrage or passion was reasonable.” |
| Involuntary manslaughter | an unintentional killing (mens rea) by a voluntary act or omission (actus reus). |
| Criminal negligence manslaughter | death caused by a person who is aware that her acts create a substantial and unjustifiable risk of death or serious bodily injury, but acts anyway. |
| Unlawful act manslaughter or misdemeanor manslaughter | unintended deaths occurring during the commission of nonhomicide offenses. |
| Malum prohibitum crime | death has to be a foreseeable consequence of the unlawful act; the act is unlawful only because it’s prohibited by a specific statute or ordinance. |
| Euthanasia | helping another person to die. |
| Presumption of bodily integrity | a state can’t exercise power over individual members of society except to prevent harm to others. |
| Common law rape | intentional, forced, non- consensual, heterosexual vaginal penetration between a man and a woman not his wife. |
| Common law sodomy | anal intercourse between two males. |
| Carnal knowledge | vaginal sexual intercourse. |
| Aggravated rape | rape by strangers or individuals with weapons who physically injure their victims. |
| Unarmed acquaintance rape | nonconsensual sex between individuals who are known to one another. |
| “Assumption of risk” approach to rape case | view of rape cases that holds the victim accountable for their manner of dress, sexual history, amount of resistance to the attack, and other behaviors deemed socially unacceptable. |
| Criminal sexual conduct statutes | comprehensive statutes that replaced the single crime of rape with a series of graded offenses, eliminated the resistance and corroboration requirements, restricted the use of evidence regarding the victim’s sexual history, and removed the marital rape. |
| Corroboration requirement | an element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim. |
| Rape shield laws | statutes that prohibit introducing evidence of victims’ past sexual conduct. |
| Marital rape exception | provided that husbands could not legally rape their wives. |
| Force and resistance rule | provided that victims had to prove to the courts that they didn’t consent to rape by demonstrating that they resisted the force of the rapist. |
| Utmost resistance standard | requirement that rape victims had to use all the physical strength they had to prevent penetration. |
| Reasonable resistance rule | provides that the amount of force required to repel rapists shows nonconsent in rape prosecutions. |
| Extrinsic force | in rape cases, requires some physical effort in addition to the amount needed to accomplish the penetration. |
| Cultural cognition | how group values influence individuals’ perceptions of facts. |
| Threat-of-force requirement | requires the prosecution to prove that the victim experienced both subjective and objective fear in rapes involving threats of force. |
| Subjective fear | means that the victim honestly feared imminent and serious bodily harm. |
| Objective fear | means that the fear was reasonable under the circumstances. |
| Honest and reasonable mistake rule | a negligence mental element in rape cases in which the defendant argues that he honestly, but mistakenly, believed the victim consented to sex. |
| Statutory rape | to have carnal knowledge of a person under the age of consent whether or not accomplished by force. |
| Defense of reasonable mistake of age | a defense to statutory rape in California and Alaska if the defendant reasonably believed his victim was at or over the age of consent. |
| Battery | unwanted and unjustified offensive touching. |
| Assault | an attempt to commit battery or intentionally putting another in fear. |
| Attempted battery assault | having the specific intent to commit battery and taking substantial steps toward carrying it out without actually completing the battery. |
| Threatened battery assault | intentional scaring requiring only that actors intend to frighten their victims, thus expanding assault beyond attempted battery. |
| Conditional threats | threats that are not immediate but based upon the existence of certain conditions that don’t presently exist. |
| Stalking | intentionally scaring another person by following, tormenting, or harassing. |
| Cyberstalking | the use of the Internet, email, or other electronic communication devices to stalk another person through threatening behavior. |
| Right of locomotion | the right to come and go without restraint. |
| Kidnapping | the taking and carrying away of another person with the intent to deprive the other person of personal liberty. |
| Asportation | the act of carrying away or physically moving a victim of kidnapping. |
| Kidnapping mens rea | the mental element of kidnapping requiring the specific intent to confine, significantly restrain, or hold victims in secret. |
| False imprisonment | depriving others of their personal liberty without the asportation requirement. |
Created by:
Meli272004
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