Chapter 9 Flashcards
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| 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.
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| "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
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| Depraved heart murder | Extremely reckless killings
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| "Express" malice aforethought | The mental element of killings that fit the original meaning of “murder”—intentional killings planned in advance
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| 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
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| Felony murder rule | Derives unintentional deaths that occur during the commission of some felonies are murders
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| 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
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| 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
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| 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
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| Manslaughter | An ancient common law crime created by judges, not by legislators, consisting of two crimes: voluntarily or involuntarily killing another person
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