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Chapter 9
Crimes against Persons I: Murder and Manslaughter
| Term | Definition |
|---|---|
| Born-alive rule | Homicide law once said 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 | Killing 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 killing | Extremely reckless killings. |
| Intent to cause serious bodily injury | 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 | 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 reus | 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 sentences without parole" cases in non-death penalty states. |
| Bifurcation procedure | A mandate that the death penalty decision be made in two phases: a trial to determine guilt and a second separate proceeding, after finding 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 intent to kill. |
| Second-degree murder | 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 | Unintentional deaths that occur during the commission of some felonies are murder. |
| Manslaughter | An ancient common law crime created by judges, not 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 | 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 | A homicide committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of the person in the actor's s |
| 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 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 serios bodily injury, but acts anyway. |
| Unlawful act or misdemeanor manslaughter | Unintended deaths occurring during the commission of nonhomicide offenses. |
| Malum prohibitum crime | Death has to be a foreseeable consequences of the unlawful act; the act is unlawful only because it's prohibited by a specific statue or ordinance. |
| Euthanasia | Helping another person to die. |
| Presumption of bodily integrity | A state can't exercise power over individuals members of society except to prevent harm to others. |
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