homicide chap 2
unborn victim's of violence act
"Laci and Conner's Law" was signed into law by Bush in 2004 and the bill makes it possible for prosecutors to charge an offender for harming or killing an unborn child in addition to any charges stemming from harm to the pregnant woman during the commission of certain federal crimes of violence.
mala prohibita
"defined as bad" or crimes that exist because we have defined certain behavior as illegal or bad.
mala in se
"wrong in itself" or naturally evil and morally wrong.
voluntary manslaughter common law
A killing with no malice aforethought because of victim provocation (heat of passion)
provoked emotional state of passion
Common Law reduces an intentional killing from murder to manslaughter when the killer is in the throes of an excusably
take the stand and testify
In civil cases where the plaintiff faces the possibility of paying damages, he or she must
negligent homicide model penal code
a death caused by negligence
manslaughter model penal code
a killing committed with a reasonable explanation or excuse
second degree murder common law
a killing that in intentional but not premeditated of deliberate
first degree murder common law
a killing that is intentional, premeditated, and deliberate
involuntary manslaughter
a killing that is unintentional and without malice
murder model penal code
a type of first degree murder defined as the unlawful killing with malice aforethought
voluntary murder model penal code
a type of first degree murder that is intentional killing with adequate provocation and committed in the heat of passion
someone who is born alive
define human being under the mpc
united kingdom house of lords
discussing the introduction of a corporate homicide law that would focus on the way the business is run and organized and will be found guilty of corporate homicide if the business is managed with reckless disregard for the possible consequences.
model penal code
does not include felony murder
pennsylvania model 1974
enacted the first homicide statute within the United States. This statute divided murder into first and second degree
intentional homicides
first degree, capital murder, second degree, and voluntary manslaughter are all considered
malice aforethought
having the intent to kill and may also include the intent to cause grave bodily harm, recklessness, or the intent to commit a felony is known as
negligent homicide
if a child dies of malnutrition in the United States, his or her parent may be charged with
capital murder
if the homicide meets "special circumstances" such as being one of a multiple murder or a particularly heinous nature it is considered
sufficient provocations
illegal arrest, adultery with the offender's spouse, physical injury, or mutual combat are all
california
in what state is First degree murder the killing of a police officer or killing while in custody and second degree murder is a homicide in which the offender has reckless knowledge and intent, or depraved indifference to human life and reckless conduct that creates a serious risk to another that results in death, or is a death caused during the commission of a felony
model penal code
introduced by the American Law Institute in 1962 with the goal to establish uniform rational definitions or criminal offenses and to generate consistency in understandings about general criminal concepts such as criminal intent.
mala prohibita
jaywalking and running a stop sign are examples of
mens rea
killer's mental state that ultimately distinguishes between each category of murder.`
justifiable homicides
killing during combat, execution of a condemned inmate, killings in self defense, killings by a law officer in the line of duty, and when a private citizen kills a person who is committing a felony crime are all known as
aggravating circumstances
make the murder seem worse, such as torturing the victim or killing several victims.
malice aforethought and intent to injury
manslaughter lacks
finland murha
manslaughter when it is planned; done in a cruel way; or in a way that dangers the public safety.
reasonableness, sufficient provocation
model penal code looks at ____ with manslaughter while common law looks at ____
islamic law
murder is often treated as a civil infraction to be settled by the family of the victim under
mala in se
murder, rape, and sexual molestation of children are examples of
second degree murder
murders committed while a person is under the influence of alcohol or drugs if the intoxication reduced the intoxicated person's capacity to act deliberately and premeditate the killing are examples of
deadly force
not automatically considered justifiable
germany mord
premeditated killing of another person done for the killer's pleasure/satisfaction, in a cruel way or way that is dangerous to the public, or to cover up or help with another criminal offense.
infanticide
recognized in the united kingdom, canada, australia, and israel and known as the killing of an infant by his or her mother in the first year of life as a result of the effects of postpartum depression.
second degree murder
reserved for killings not accompanied by aggravating and mitigating circumstances
tennesse v garner
ruled that the use of deadly force by police officers may only be used to prevent the escape of a suspect that the officer has probable cause to believe poses a significant threat of serious physical injury or death to the officers or others. They must have probable cause to also believe the suspect has committed a felony.
year and a day rule
stipulates that one is responsible for a death only if the victim dies within a year and a day of the act believed to cause the death.
civil cases
the burden of proof is lower in
malice aforethought
the difference between involuntary manslaughter and murder is
intent
the difference between involuntary manslaughter and voluntary is
willful killing of one human being by another
the fbi defines murder and manslaughter as the
the death of nonhumans nor does it include the killing of a fetus
the homicide code does not include
involuntary manslaughter
the killing of another through reckless and careless driving where the intent was not there but the negligent driving resulted in the death of another is an example of
voluntary and involuntary manslaughter
the model penal code does not distinguish between
manslaughter
the unlawful killing of one human being without premeditation. It is NOT a degree of murder, but a distinct offense, although sometimes referred to as third-degree murder.
capital murder
those in which the punishment may be death. 38 states allow for the punishment of death for murder.
mitigating circumstances
those that make the murder appear less heinous such as when the killer is under the influence of a substance that may have contributed to the killing.
england and wales
to be Found Guilty intention to harm must be proven in what country
true
true or false: every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime
murder
under the model penal code, the unlawful killing of one person by another with malice aforethought, and with deliberation, purpose, design, or premeditation.
criminal homicide
under the model penal code, when he purposely, knowingly, recklessly, or negligently causes the death of another human being.
voluntary murder
unlawful killing of one person by another intentional killing with adequate provocation and committed in the heat of passion.
first
what degree of murder includes malice and aforethought or those committed during the commission of another felony
louisiana
what state recognizes a fetus as a victim at any stage during pregnancy and considers the killing of an unborn child as first, second, and third degree feticide.
felony murder
when the death of a human occurs during a dangerous felony crime (arson, burglary, rape, or robbery) even if there was no specific intent to murder.
capital murder
when the murder victim is of a special class such as a correctional or police office it is considered
13
while many states have modeled their homicide laws after the Model Penal Code, ____ states maintain a difference between the degrees of murder so a distinction exists for the death penalty.
