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Murder/Manslaughter
Crimes Against Person 1
| Question | Answer |
|---|---|
| What is the crime of killing a fetus? | feticide |
| What is it called to kill someone without malice aforethought? | manslaughter |
| bodily injury that involves a substantial risk of death; protacted unconsciousness, extreme physical pain, or obvious disfigurement. | serious bodily injury |
| What is extremely reckless killing due to a created substantial unjustible risk? | depraved heart murder |
| What is the act of killing by poisoning, striking, starvin ghese are, drowning, and a thousand other forms by which human nature can be overcome? | murder actus reus |
| What is the rule that to be a person and therefore a homicide victim, a baby has to be capable of breathing and maintaining a heartbeat on its own? | born-alive rule |
| This can include purposeful, knowing, or reckless as the mental element in killing? | murder mens rea |
| Premeditated, deliberate intent to kill murder | First-degree murder |
| These are death penalty cases in death penalty states and "mandatory life sentence without parole" cases in non-death penalty states | Capital cases |
| The requirement that death penalty decisions be made in two phases: | Bifurcation procedure |
| One who intentionally uses a deadly weapon on another person and thereby kills him is presumed to have formed the intent to kill | deadly weapon doctrine |
| What are intentional murders that weren't premediated or deliberate? | second-degree murders |
| Second degree murder that is unintentional such as felony murders, intent to inflict serious bodily harm murders, and depraved heart murders. | implied malice murders |
| What rule states that unintentional killings that happen during the commission of felonies is murder? | felony murder rule derives |
| What's an ancient common law crime that was created by judges consisting of two crimes: voluntarily or involuntarily killing another person? | manslaughter |
| What's a sudden and intentional killing of another person in the heat of anger following adequate provocation? | voluntary manslaughter |
| What's the requirement that the provocation for killing in anger has to be something the law recognizes? | adequate provocation |
| What's the rule stating that words can never adequate provoke a murder to manslaughter? | "words can never provoke" rule |