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Chapter 7

Terms in this set (32)

Accidental Death
A death is caused by unexpected or unintended means.
Accidental killing
A death that is the result of a purposeful human act lawfully undertaken in the reasonable belief that no harm would result
Homicide
The killing of a human being by the act, procurement, or omission of another human being
Justifiable Homicide
1. Homicide that is permitted under the law. 2. Killing justified for the good of society. 3. The killing of another in self-defense when danger of death or serious bodily harm exists. 4. the killing of a person according to one's duties or out of necessity but with out blame
Excusable Homicide
A killing conducted in a manner that the criminal law does not prohibit. Also, a killing that may involve some fault but is not criminal homicide.
Criminal Homicide
The purposeful, knowing, reckless, or negligent killing of one human being by another. Also, a form of homicide for which criminal liability may be incurred. Criminal homicide may be classified as murder, manslaughter, or negligent homicide.
Murder
The unlawful killing of a human being, carried out with malice or planned in advance. According to common law, the killing of one human being by another with malice aforethought
Manslaughter
The unlawful killing of a human being without malice. Manslaughter differs from murder in that malice and premeditation are lacking.
Negligent homicide
The killing of a human being by criminal negligence or by the failure to exercise reasonable, prudent care. Also a criminal offense committed by one whose negligence is the direct and proximate cause of anothers death
Brain Death
Death determine by a flat reading on an electroencephalograph(EEG) usually after a 24 hour period, or by other medical criteria
Uniform Determination of Death Act (UDDA)
A standard supported by the American MEdical Association, the national conference of Commissioners on Uniform State Laws, which provides that an individual who has sustained either: 1.irreversible cessation of circulatory and respiratory functions.2. irreversible cessation of all functions of the entire brain, including the brain stem, is dead. The UDDA provides a model for legislation and has been adopted in various forms by many states
Year and a day rule
A common law requirement that homicide prosecutions could not take place if the victim did not die within a year and a day from the time that the fatal act occurred
Affirmative act
Voluntary, conscious conduct. An affirmative act is not an omission or a failure to act
First degree murder
A willful, deliberate, and premeditated
Second degree murder
Depending on the jurisdiction either a murder committed during the perpetration or attempted perpetration of an enumerated felony such as arson, rape, robbery, or burglary or any murder not classified by statute as first degree
Malice
A legal term that refers to the intentional doing of a wrongful act without just cause or legal excuse. incases of homicide, the term means an intention to kill
Malice aforethought
An unjustifiable inexcusable and unmitigated person endangering state of mind
Depraved heart murder
Unjustifiable conduct that is extremely negligent and results in the death of a human being or the killing of a human being with extreme atrocity
Capital Murder
Murder for which the death penalty is authorized by law
premeditated Murder
Murder that was planned in advance and willfully carried out
Aggravated murder
Murder plus one or more aggravating factors as specified by law. Aggravated murder is generally capital murder
felony murder rule
A rule that establishes murder liability for a defendant if another person dies during the commission of certain felonies
Inherently dangerous
A legal term used to describe an act or course of behavior that, by its very nature, is likely to result in death or serious bodily harm to either the person involved in the behavior or to someone else.
Voluntary Manslaughter
An unlawful killing of a human being, without malice, that is done intentionally during a sudden quarrel or in the heat of passion. Also, a killing committed without lawful justification, wherein the defendant acted under a sudden and intense passion resulting from adequate provocation
Adequate provocation
Provocation that would cause a reasonable person to lose self control. Also called Reasonable prvocation
Adequate cause
in cases of voluntary manslaughter, a cause that would commonly produce a degree of anger, rage, or terror sufficient to render the mind of the defendant incapable of objective reflection
sudden passion
In cases of voluntary manslaughter passion directly caused by and rising out of provocation by the victim or of another acting. Sudden passion includes the understanding that the passion arises at the time of the killing and is not soley the result of former provocation
Involuntary manslaughter
Anunintentional killing for which criminal liability is imposed but that does not constitute murder. Also, the unintentional killing of a person during the commission of a lesser unlawful act or the killing of someone during the commission of lawful act, which nevertheless results in an unlawful death
Criminally negligent homicide
Homicide that results from criminal negligence
Gross negligence
The conscious disregard of one's duties resulting in injury or damage to another
ordinary negligence
The want of ordinary care, or negligence that could have been avoided if one had exercised ordinary reasonable or proper care
Vehicular Homicide
The killing of a human being as a result of another person's operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm
THIS SET IS OFTEN IN FOLDERS WITH...