Upgrade to remove ads
Only $35.99/year

Homicide

Terms in this set (6)

...
Homicide = killing of a human being
Homicide crime = conduct causing death + accompanying mental state.
Intentional killing
Premediated and deliberate killings
Killing someone intentionally but without premeditation and deliberation
Killing someone intentionally but in the heat of passion
Some killings committed during felonies
Unintentional killings
Extremely reckless/extremely indifferent killings
Reckless killings
Grossly negligent killings
Negligent killings (only in a few jurisdictions)
Some killings committed during felonies
MPC
Murder (210.2[DDL1] )
Purpose or knowledge
Extreme Recklessness
Manslaughter (210.3)
Recklessness
Murder + extreme emotional disturbance
Negligent Homicide (210,4)
Premeditation and deliberation defined
someone has reason to kill someone, and they think about it beforehand
- most jurisdictions consider this first degree murder
- premed and delib require quantity of thought and quality of thought
- quantity of thought = the time one spends thinking about killing
* time alone is not sufficient to establish deliberation
- quality of thought = how clearly one was able to think about it (delib)
- broad definition = treats premed and delib as the same thing = MINORITY view (even to trigger pulled)
* require no appreciable time for premed, reasoning that no time is too short for a wicked man
- Majority = narrow definition = must have period of brief reflection, although no time is given
--> you must have enough time to change your mind = to give your decision a second look
* time to think about killing is not enough. The killer must have thought about the decision in some meaningful way
- delib requires that the killer reflect on what he is about to do
- there must be proof beyond a reasonable doubt that someone thought about the killing and then did it
-Premeditation and Deliberation may be inferred from sufficiently probative facts and circumstances.
-The law leaves the existence of a fully formed intent as a fact to be determined by the jury, from all the facts and circumstances in the evidence.
...
* To prove premeditation, one must demonstrate the accused had acted with
consideration and reflection upon the preconceived design to kill, turning it
over in the mind, giving it second thought. (PER JOHNSON)
Other sets by this creator