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Chapter 9 Flashcards

TermDefinition
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.
"Implied" malice aforethought The mental element of intentional killings without pre- meditation or reasonable provocation; unintentional killings during the commission of felonies; depraved heart killings; and intent to inflict grievous bodily harm killings
Depraved heart murder Extremely reckless killings
"Express" malice aforethought The mental element of killings that fit the original meaning of “murder”—intentional killings planned in advance
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
Felony murder rule Derives unintentional deaths that occur during the commission of some felonies are murders
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
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
Manslaughter An ancient common law crime created by judges, not by legislators, consisting of two crimes: voluntarily or involuntarily killing another person
Created by: user-1768206
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