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Chapter 9 and 10 Criminal Law

TermDefinition
Born-alive rule baby must be born alive and capable of breathing and maintaining heartbeat on its own; homicide law once said that to be a person, therefore a homicide victim.
feticide the crime of killing a fetus
manslaughter killing a person with "malice aforethought"
malice aforethough originally the mental state of intentional killing, with some amount of spite, hate, or bad will; planned in advance of the killing
murder actus reus the acting 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
bifurcaiton procedure a mandate that the death penalty decision be made in two phases: a trial to determine guilt and a second seperate proceeding, after a finding of guilt, to consider the aggravating factors for, and mitigating factors against, capital pushiment
second-degree murders murders that aren't first degree, including intentional murders that weren't premediated or deliberate, felony murders, intent to inflict serious bodily injury murders and depraved heart murders
involuntary manslaughter an unintentional killing (mens rea) by a voluntary act or omission (actus reus)
Common law rape intentional, forced, non-consensual, heterosexual vaginal penetration by a man of a woman who is not his wife
Common law sodomy anal intercourse between two males
carnal knowledge vaginal sexual intercourse
marital rape exception provided that husbands could not legally rape their wives
rape shield laws statues that prohibit introducing evidence of victims' past sexual conduct
subjective fear means that the victim honestly feared imminent and serious bodily harm
statutory rape to have carnal knowledge of a person under the age of consent whether or not accomplished by force
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
battery unwanted and unjustified offensive touching
assault an attempt to commit battery or intentionally putting another in fear
right of locomotion the right to come and go without restraint
Created by: dcalla333
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