CRIM LAW FALL 2006
Terms
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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