Adaptibar Crim Law Video 1: Homicide Flashcards
(14 cards)
What does homicide mean?
There’s a dead body.
There are two ways you can be guilty of homicide if you committed _______OR __________.
murder OR manslaughter
There are how many murder categories?
Four
What are the ways to commit murder?
- Intent to kill (premeditated killing)
- Intent to inflict serious bodily harm
- Felony murder
- Depraved heart murder
What are the two things you need for intent to kill?
- Premeditated killing
- Specific intent to kill
Is there a specific intent to kill with intent to inflict serious bodily harm murder?
No, no specific intent to kill, just wanted to inflict serious bodily harm.
What is felony murder? What felonies?
When a death occurs while committing a dangerous felony.
BARRK felonies
Burglary
Arson
Robbery
Rape
Kidnapping
What is depraved heart murder?
You knew or should have known that someone could die, but you did it anyway. This is recklessness! A reckless disregard for human life=depraved heart murder.
How many kinds of manslaughter are there? What are they?
Two.
Voluntary and involuntary manslaughter.
What are the elements for voluntary manslaughter?
- Adequate provocation
- Heat of passion
- No time to cool off
(ex: You come home and find your spouse in bed with someone else)
What is the definition of involuntary manslaughter?
Negligent conduct causing a death
What’s the key difference between depraved heart murder and involuntary manslaughter?
Depraved heart murder: recklessness (people around and you did it anyway, you knew or should have known people were around)
Involuntary murder: negligence
(no people present)
Hypo: If you are defending yourself using excessive force with an honest belief that its the only way you can defend yourself and you kill someone, what homicide crime?
This is imperfect self defense. You will be guilty of voluntary manslaughter ONLY.
Hypo: If a parent does not give medical care to a child and the child dies, what homicide crime?
Involuntary manslaughter (i.e. negligence only)
