Ch: 11

Question 0

must occur w/in

Answer 0

3 yrs & 1 day

Question 1

a killing must be

Answer 1

an affirmative act
omission to act
criminal negligence

Question 2

2 elements of felonious homicide

Answer 2

death of a human being

unlawful act, omission, criminal agency,

Question 3

express malice is deliberate/intentional &

Answer 3

implied malice if the disregard for human life

Question 4

malice doesnt necessarily mean hated/ill will

Answer 4

nor actual intent to take victims life

Question 5

homicide

Answer 5

killing human/visible fetus

3 yr 1 day

Question 6

murder

Answer 6

malice w/aforethought

kill human/visible fetus

Question 7

1st degree murder

Answer 7

destructive device, 
explosive, 
ammo, 
poison, 
lying in wait, 
torture,

Question 8

2nd degree murder

Answer 8

deliberated & premeditated,

no set amount of time,

Question 9

malice

Answer 9

express- deliberated/intentional

implied- no provation/abandoned heart

Question 10

deliberate

Answer 10

result of same thoughts & weighting of considerations

Question 11

premeditated

Answer 11

think on & resolve in mind before hand

Question 12

felony murder rule

Answer 12

attaches to co conspirators in killing during commission of felony

Question 13

manslaughter

Answer 13

voluntary, involuntary, vehicular,

Question 14

involuntary/voluntary manslaughter

Answer 14

w/o malice

intent killing

Question 15

vehicular manslaughter

Answer 15

felony, dui, death,

Question 16

excusable

Answer 16

excusable- accident, heat of passion, prevocation, no advantage, no weapon, no cruel intent,

Question 17

justifiable

Answer 17

peace officers- acting in command, judgement of court for excution, overcoming resistance to a lawful order/duty, retaking felons who have escaped,