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 (p.324)

the crime of killing a fetus (p. 302)

killing a person with “malice aforethought” (p. 329)

killing a person without malice aforethought (p.329)

killing in self-defense (p. 329)

killings done by someone “not of sound memory and discretion” (p. 329)

all homicides that are neither justified nor excused (p. 329)

originally the mental state of intentional killing, with some amount of spite, hate, or bad will, planned in advance of the killing (p. 330)

depraved heart murder

extremely reckless killings (p. 330)

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 (p. 330)

express” malice aforethought

intentional killings planned in advance (p. 331)

the act of killing by poisoning, striking, starving, drowning, and a thousand other forms by which human nature can be overcome (p. 332)

can include purposeful, knowing, or reckless as the mental element in killing (p. 332)

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 (p. 334)

death penalty cases in death penalty states and “mandatory life sentence without parole” cases in non–death penalty states (p. 334)

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 a finding of guilt, to consider the aggravating factors for, and mitigating factors against, capital punishment (p. 334)

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 (p. 337)

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chap 9 review

Question	Answer
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 (p.324)
feticide	the crime of killing a fetus (p. 302)
murder	killing a person with “malice aforethought” (p. 329)
manslaughter	killing a person without malice aforethought (p.329)
justifiable homicide	killing in self-defense (p. 329)
excusable homicide	killings done by someone “not of sound memory and discretion” (p. 329)
criminal homicide	all homicides that are neither justified nor excused (p. 329)
malice aforethought	originally the mental state of intentional killing, with some amount of spite, hate, or bad will, planned in advance of the killing (p. 330)
depraved heart murder	extremely reckless killings (p. 330)
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 (p. 330)
express” malice aforethought	intentional killings planned in advance (p. 331)
murder actus reus	the act of killing by poisoning, striking, starving, drowning, and a thousand other forms by which human nature can be overcome (p. 332)
murder mens rea	can include purposeful, knowing, or reckless as the mental element in killing (p. 332)
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 (p. 334)
capital cases	death penalty cases in death penalty states and “mandatory life sentence without parole” cases in non–death penalty states (p. 334)
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 a finding of guilt, to consider the aggravating factors for, and mitigating factors against, capital punishment (p. 334)
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 (p. 337)

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