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Chapter 9
review cards
| Question | Answer |
|---|---|
| In 2013 (the most recent official numbers), how many reported murders were there | 14196 |
| What are the three elements of criminal homicide? | actus reus, mens rea, and special mitigating and aggravating circumstances |
| What is the 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 |
| In 24 states, what are the three ways they have made it a crime to kill a fetus? | Revise their existing homicide statutes to include fetuses as homicide victims. Create new homicide statutes aimed exclusively at fetuses. Create statutes that punish attacks on pregnant women that cause death to the fetuses they’re carrying. |
| What is The Uniform Brain Death Act? | an individual who has suffered irreversible cessation of all brain functions, including those of the brain stem, is dead |
| The common law divided homicides into two kinds, and so do modern criminal codes, the MPC, and this chapter. The two kinds are: | murder, killing a person with “malice aforethought,” which we’ll define and discuss in this section manslaughter, killing a person without malice aforethought, which we’ll discuss in the “Manslaughter” section |
| What is murder | killing a person with “malice aforethought” |
| What is manslaughter | killing a person without malice aforethought |
| what is 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 |
| What are 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 |
| Is Euthanasia murder | it is irreconcilable because they reflect opposing strongly held beliefs about the meaning of life |
| what is involuntary manslaughter | an unintentional killing (mens rea) by a voluntary act or omission (actus reus) |
| can corporations commit murder | Yes, according to a few prosecutors who’ve prosecuted corporations for murder |
| What is Depraved heart murder | unintentional but extremely reckless murders |
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