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Glossary of CRIM LAW FALL 2006

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HOMICIDE
The killing of a human being (or fetus) by another human being
MANSLAUGHTER
C/L - unlawful homicide without malice aforethought
M/L - voluntary (w/ malice) & involuntary (w/out malice)
VOLUNTARY MANSLAUGHTER
intentional homicide with malice which is mitigated by justification or excuse; "heat of passion", must have adequate provocation and no cooling period
INVOLUNTARY MANSLAUGHTER
unintentional homicide without malice caused by negligence (reckless disregard of a risk)
VEHICULAR MANSLAUGHTER
killings committed with gross negligence or during unlawful operation of a motor vehicle
MURDER
homicide with malice aforethought

M/L- FIRST AND SECOND DEGREE
FIRST-DEGREE MURDER
1) killing of another with malice (willful, premeditated, deliberate) aforethought
2) committed in a statutorily specified manner
3) certain types of felony murders (BARKRM)
SECOND-DEGREE MURDER
killing of another with malice but lacks the elements of malice
FELONY-MURDER RULE
provides that any killing that occurs during the perpetration of an inherently dangerous crime, or attempt, attempted escape or escape, will be murder
MALICE
is the unjustified, unmitigated, inexcusable harm causing state of mind

Malice can be shown in 4 ways:
1) Intent to kill
2) Intent to cause SBH
3) Wanton disregard for the lives of others
4) FMR murders
EXPRESS MALICE
intent to kill, or intent to cause SBH to the victim
IMPLIED MALICE
D acted with extreme indifference to the value of huma life (gross recklessness)
MERGER DOCTRINE
if the underlying felony is just a step toward causing death, it merges with the resulting homicide
ASSAULT
C/L attempted battery, unlawful and offensive touching of another person
M/L attempted battery and to place V in apprehension of imminent battery
AGGRAVATED ASSAULT
crime of physically attacking another person which results in SBH and/or is made with deadly or dangerous weapon

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