Natural, Accidental, Suicidal, Homicidal
4 Manners of death
2 types of homicide
Human being, victim must be alive at time of conduct, must be legally dead
3 components to what constitutes a homicide
Uniform Determination of Death Act
a joint effort of the AMA & ABA to determine one way to define death
Brain Death Standard
(need at least two of the four to confirm death)
1. Flat EEG
2. No reflex activities
3. No signs of respiration or movement
4. No response to external stimuli
1. Born alive standard 2. Viable fetus (a) Quick fetus (b) number of weeks of intrauterine development 3. From the moment of conception
4 ways to evaluate a fetus as being a human being
Common, Statutory, Case
Primary sources of criminal law
power by which an independent state is governed and from which all specific political powers are derived; the right and power of a state to regulate its internal affairs without foreign interference
"let the decision stand"
1. Compelling public need 2. No constitutional infringements 3. Fair and adequate notice
3 evaluation components of the Creation of Law
1. Justifiable (a) right (b) duty 2. Excusable (a) accident (b) misadventure (c) other defenses
a crime that can be either a misdemeanor or a felony
When the law is derived from a supreme deity
derived out of natural law; statutes that can take whatever form the authors want
"Guilty act" There are two components: 1. Corpus Delicti "Body of the Crime"
(a) good reason to believe a crime has occurred
(b) Good reason to believe the accused committed the crime
2. Proximate cause
(a) Actual cause
(i) But-For Test (1 perp.)
(ii) Substantial factor (2+ perps.)
(b) Legal cause
3. Year and a day
4 levels of Mens Rea
1. Intentionally 2. Knowingly
3. Reckless 4. Negligently
Recklessness (gross negligence)
when you should've known better and you did
When you should've known better, but you didn't.
1. Was there a DUTY
2. Was there a BREACH
3. Did HARM result
4. Was there a CASUAL CONNECTION
1. Ordinary 2. Gross (recklessness)
2 Types of negligence
(a) Committed a prohibited
(b) Omitted required conduct
2. Without defense
3. Codified as a felony or misdemeanor- has to be in writing.
Felonies and misdemeanors
2 types of crime
Capitol and felonies
Felony is broken into 2 categories:
Actus Reus - when you only have to show this, it's a strict liability crime
Mens Rea - (guilty mind) Statutory rape, possession
violation of an ordinance is known as:
Social Contract theory
an agreement in principle between our strong central government (Federalism) and the people to give up certain powers/liberties in trade for freedom, if they are operating under the least restrictive mechanism.
failure to use reasonable care, resulting in damage or injury to another.
the legal duty to take a stated course of action as imposed by a commercial contract or a contract of employment
Good Samaritan statute
Someone who renders aid in an emergency to an injured person on a voluntary basis; they are usually immune from legal penalty if something becomes worse to the person being helped, unless some sort of negligence has occurred
Misprision of felony
failing to report the commission of a felony
1. Unlawful Act - if you're committing a (misdemeanor) crime, then you're responsible for the harm that results from it.
2. Culpable Negligence - if you're negligent and harm results from your actions
the action of reducing the severity, seriousness, or painfulness of something
1st degree murder
any murder that is willful and premeditated.
2nd degree murder
a murder that is not premeditated or planned in advance
1. Norm violations
2. Statistical anomaly
1. Cause death
2. Cause serious bodily injury
Doctrine of Implied Malice
1. Deadly weapon doctrine
2. Felony murder doctrine
(a) If you're involved in a felony crime that endangers human life and a murder takes place, you're responsible
(d) Casual connection
3. Depraved heart/ mind doctrine
4. Doctrine of transferred intent
Mala in Se
"evil in itself"
"wrong because prohibited"
adding something to the crime to increase the severity
adding something to the crime to decrease the severity
1. Heat of Passion test
(a) Actual heat of passion
(b) Adequate Provocation
(c) No cooling (of the blood)
(d) Casual connection
2. Imperfect self-defense
(a) Felt that you had a right to use self defense, but wrong b/c a reasonable person wouldn't have used that action
Someone who makes an effort in whole or in part, to wipe out an entire group of people based on race or religion
A system of government by the whole population or all the eligible members of a state, typically through elected representatives.
A system of government in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.
Substantive and Procedural
Types of Misdemeanors
a) Gross - 6-12 months
b) Ordinary - 3-6 months
c) Petty - 10-30 days
the body of legal rules that govern the process for determining the rights of parties.
the body of rules that determine the rights and obligations of individuals and collective bodies.