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Born-alive rule a person is a person if they have been born alive feticide the death of a fetus, all states are different as to what is legal and what isn't legal when abortion is considered homicide...but it's called feticide. Euthanasia doctor assisted suicide, a gentle assisted suicide by the use of a death for reasons of mercy. It can be passive or active, voluntary or involuntary. presumption of bodily integrity people should have the right to end their life and the government shouldn't be allowed to say no to suicide. It's a right to privacy and to be secure of their persons. Murder killing a person with malice aforethought manslaughter killing a person without malice aforethought justifiable homicide self defense, capital punishment, and the law enforcement use of deadly force excusable homicide killings done by someone "not of sound memory and discretion" (by insanity or age) criminal homicide all homicides that are neither justified or excused. malice aforethought with specific intent to kill, and that the acts were planned before the time of the killing. depraved heart murder extremely reckless killings intent to cause seriously bodily injury murder when your intent was to beat him almost to death that "almost" kills him is this "express" malice aforethought the original definition of murder: the intent to kill and the actions show that you intend to kill in some way. "Implied" Malice aforethought murder that isn't intended necessarily: consists of international killing without premeditation, unintentional killing with felony, depraved heart killings, and intent to inflict grievous bodily harm killings. Murder actus reus the act (or failure to act) to kill someone. Murder mens rea every state of mind included int he concept of malice aforethought: purpose, knowledge, recklessness, all qualify the mental element of murder. first degree murder the premeditated or deliberate, intent to kill murders and felony murder. This is the only murder that can get capital punishment. Capital Cases cases where the death penalty or life without parole are considered. bifurcation the requirement that the death penalty must be put into two considerations: one case for guilt and one case for sentencing. criteria for decision the jury and court has to look at all of the aggravated circumstances to find the capital punishment the best option is. specific intent plus real premeditation deliberation 3 categories that have to prove that the murder has the specific intent of murder and real meditation to kill and you must prove all three of these for them to be legitimate. Equivalent of specific intent the intent and the meditation can be instant in a murder and still be considered murder to the first degree. It's the equivalent of what specific intent is. second degree murder implied malice crimes but unintentional murders, such as felony murders, intent to inflict serious bodily injury, and depraved heart murders. felony murder murder while you're doing something else that's a felony, like sexual conduct, kidnapping, robbery, arson, and burglary. voluntary manslaughter a murder consisting of actus reus, mens tea, causation, death, and adequate provocation (reason to kill without a cool of time) adequate provocation the trigger that sets off the sudden killing of another, and is applied to voluntary manslaughter. understandable provocation (reasonable provocation) where a reasonable man would be unable to control himself when it comes to murder, still considered a form of voluntary manslaughter but still not as bad. objective test of cooling off time (in regards to voluntary manslaughter) a test to see if a reasonable person under the conditions of voluntary manslaughter would have had time to cool off before killing the provoker? bright line rule "Rules can never provoke" the old school rule that states that rules can never provoke manslaughter because words alone aren't enough to cause killing from a reasonable person. Last-straw rule/long smoldering or slow burn rule belligerence to kill, basically the last straw is what kills you. Extreme mental or emotional disturbance (in regards to voluntary manslaughter) an excuse to voluntary manslaughter where they were disturbed to the point that they weren't in a reasonable state of mind when they killed the person. common law paramour rule if a husband caught his wife in bed with another man, that was almost as good enough as an excuse to kill her. involuntary manslaughter the unintentional killing of another person by act or omission. There are two types: criminal negligence manslaughter (with recklessness and negligence) and unlawful act manslaughter (deaths during unlawful acts). criminal negligence manslaughter where someone does something that can cause serious bodily injury and the defendant is aware of that but does it anyways. unlawful act manslaughter killing while doing something illegal, then the intent is for the unlawful thing, not for the murder, it's a lesser sentence. Malum Prohibitum crime death has to be a unforeseeable consequence of the unlawful act. common law rape intentional, forced, nonconsensual, htereosexual vaginal penetration common law sodomy anal intercourse between two males sexual assault or criminal sexual conduct nonconcual penetrations and contact, even if they fall short of violent. aggravated rape rape by strangers or men with weapons who physically injure their victims unarmed acquaintance rape nonconsensual sex between dates, lovers, people that are known to the victim. corrobation rule witness of the victim and of someone else was required to prove rape. rape shield statutes banned the prosecution from introducing evidence of victims' past sexual conduct prompt-reporting rule banned prosecution of rape unless women promptly reported the rape. marital rape exception the old common law rule that husbands can't rape their wives. sexual assault statutes that the consent and unwanted advances by the perpetrator don't go together. This means that women can't have the disadvantage to consent when they are threatened. If they consent so they don't die, then that's still considered sexual assault. Rape a crime of violence, acts of sexual intercourse without lawful consent. actus reus of rape sexual intercourse by force force and resistance rule force means without consent, and resistance means the victim has to prove they resisted the rape and tried to defend themselves utmost resistance standard the amount of resistance to prove that the victim didn't consent to the rape. This is a super old rule. reasonable resistance rule the amount of resistance depends on the totality of circumstances in each case extrinsic force (rape) requires some sort of act of course in addition to the muscular movements needed to accomplish penetration, which varies per case. intrinsic force (rape) requires only the amount of physical effort necessary to accomplish penetration threat of force requirement (rape) the requirement that the victim has to prove that they were in subjective (honestly feared imminent and serious bodily harm) and objective (the fear was reasonable under the circumstances) fear. Fraud in the fact (rape) tricking the victim into believing the act she consented to wasn't sexual intercourse. Dr. telling someone he needed to insert something and her agreeing. fraud in the inducement (rape) when you lie to the victim to commit some type of lie, ultimately having sex with them, which is not considered rape. They agreed to sex knowingly. general intent crime the state of mind behind rape is that the intent to commit forcible sexual penetration honest and reasonable mistake rule (rape) the defendant has a negligent mental element in the fact that the rapist sincerely thought that the victim consented. Recklessness requirement (rape) the defendant has to be aware that there's a risk the victim hasn't consented to sexual intercourse statutory rape having sex with minors, doesn't have to use force and consent doesn't matter. Sex with a minor at all is statutory rape. Reasonable mistake of age the man reasonably believes his victim is over the age of consent and they did consent. simple (second degree) rape rape that is not violent and/or the person knows the rapist: a "lower" version of rape. aggravated rape rape that consists of at least one of these: suffers serious bodily injury, stranger commits it, connection to another crime, armed, accomplices and the victim is a minor. Battery unwanted and unjustified offensive touching, body contact is key here. assault an attempted or threatened battery. Assault requires no physical contact stalking intentional scaring another person by following, tormenting, or harassing him or her. attempted battery assault where you have the specific intent to commit a battery and taking substantial steps toward carrying it out without actually completing the attempt. threatened battery assault sometimes called the crime of intentional scaring, requires only that actors intend to frighten their victims, expanding assault beyond attempted battery. conditional threats (assault) I'd ______ (threat) IF _______ (condition); a threat with a conditional factor. subjective fear do the defendants acts induce fear in the specific person? subjective fear only test the victim was actually afraid by this stalking objective fear only test would a reasonable person be afraid by this stalker? intent to instill fear test the actors intent to instill fear is enough, whether the acts actually caused fear or would have caused fear in a reasonable person. cyberstalking the use of the internet, email or any electronic communication to stalk another person through threatening behavior. right of locomotion made in the 1800s and it means that we have the right to come and go and travel as we please. kidnapping a result of crime that consists of seizing, asportation of and confining by force, threat of force, fraud or deception, another person, with the intent to deprive the other person of his or her liberty. Asportation in kidnapping carrying away (the physical act of taking the body) false imprisonment a lesser form of personal restraint than kidnapping but the heart of the crime remains depriving others of their personal liberty. There's no requirement to physically take the person like in kidnapping. Hawkins v. Nevada The cop was pretending to be a passed out drunk with money to catch thieves and then hawkins took the bait and the nearby cop arrested him. Is it right for a cop to use entrapment (tricking people to commit crime). There are precedent cases on entrapment being illegal, regardless of hawkins' prior history. McCarty v. Illinois McCarty bought a car (w/ cocaine) and then the cops were going to pull him over, so he runs away by foot and as the cop is chasing him down another cop hits the running cop and kills him. Is it McCarty's fault for the death of the cop? If it wasn't for his actions the cop wouldn't be dead, but that wasn't the intent of McCarty to kill the cop. Carbarga v. California the boy (carbarga) was under the custody of Johnson who was sexually abusing him, and we was forced into making child porn with other girls by Johnson and then Johnson (and carbarga) steal another kid who escapes and the cops catch the defendant having sex with a two year old girl. The legal problem is that is Carbarga guilty for statutory rape? He did the actions but the intent isn't necessarily there, and he could have escaped from this lifestyle but didn't. Williams v. Washington the native american baby gets a toothache, which turns into gangrene and then dies of an infection that the native american parents were afraid to treat. The legal problem is that are the parents liable for the death of their baby when they were providing care as best they could without their child being removed from them? Yates v. Texas Yates killed her 5 children because satan told her to. The legal problem is guilty of murder or not guilty by defense of insanity Landis case Twilight killing of the two kids without proper certification to be extras on a movie scene. The pane was too low and spun out of control, and the legal question is, is the director of the scene (landis) guilty for the deaths of the actor and two children? By precedent he is even though that was not his intention and it was not because of his actions technically. Tenneson he became a POW in the Korean war, where they taught him the ways of communism and he became part of the communist movement and refused to go back to the US till he missed his old life, and when he got back he changed his ways. The legal problem is, is Tenneson guilty of aiding the opposing country and misconduct? He helped them with their movement, but fell to stockholm syndrome.