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Criminal Law 2
flash cards
| Term | Definition |
|---|---|
| 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 |
| 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 | killings 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 murder | extremely reck- less killings |
| serious bodily injury | injury that involves a substantial risk of death; protracted unconscious- ness; 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 afore thought | the mental element of killings that fit the original meaning of “murder”—intentional killings planned in advance |
| “implied” malice afore- thought | 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 |
| intent to cause serious bodily injury murder | no intent to kill is required when a victim dies following acts triggered by the intent to inflict serious bodily injury short of death |
| murder actus reus | act of killing by poisoning, striking, starving, drowning, and a thou- sand 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) pre- meditated, deliberate intent to kill murders and (2) felony murders |
| capital cases | death penalty cases in death penalty states and “mandatory life sentence without parole” cases in non–death penalty states |
| 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 fac- tors 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 the intent to kill |
| 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 |
| felony murder rule derives | unintentional deaths that occur during the commission of some felonies are murders |
| manslaughter | an ancient common law crime created by judges, not by 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 some- thing 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 also called the “long smoldering” or “slow burn” rule, | defines adequate provocation as “a smol- dering resentment or pent-up rage resulting from earlier insults or humiliating events culminating in a trigger- ing 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. |
| 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 a 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 homo- sexual 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 serious bodily injury, but acts anyway |
| unlawful act manslaughter or misdemeanor manslaughter | unintended deaths occurring during the commission of nonhomicide offenses |
| malum prohibitum crime | death has to be a foreseeable consequence of the unlawful act; the act is unlawful only because it’s prohibited by a specific statute or ordinance |
| euthanasia helping | another person to die |
| presumption of bodily integrity | a state can’t exercise power over individual members of society except to prevent harm to others |
Created by:
tabkendrick2019