Chapter 10 Powerpoint pt. 1 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 10 Powerpoint pt. 1 > Flashcards

Flashcards in Chapter 10 Powerpoint pt. 1 Deck (29)
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1
Q

________ is considered the most serious criminal offense.

A

Homicide

2
Q

The development of the modern law of homicide can be traced to 15th-century _______.

A

England

3
Q

The development of the modern law of homicide can be traced to ___th-century England.

A

15th

4
Q

Initially the common law did not distinguish between types of ________ _________. It was treated _______ whether committed intentionally, in the heat of passion, recklessly, or negligently.

A

criminal homicide

equally

5
Q

Most state statutes continue to recognize the distinction between _______ and manslaughter.

A

murder

6
Q

Most state statutes continue to recognize the distinction between murder and ___________.

A

manslaughter

7
Q

Initially, the _______ __ ______ allowed for many to be tried under ecclesiastical court where murder was not subjected to the death penalty until the English monarchy established jurisdiction over homicides

A

benefit of clergy

8
Q

Initially, the benefit of clergy allowed for many to be tried under ___________ court where murder was not subjected to the ______ _______ until the English monarchy established jurisdiction over homicides

A

ecclesiastical

death penalty

9
Q

What are the four types of criminal homicide?

A

(1) justifiable homicide
(2) excusable homicide
(3) murder
(4) manslaughter

10
Q

Which type of criminal homicide is this: includes self-defense, defense of others, defense of the home, and police use of deadly force?

A

Justifiable homicide

11
Q

Which type of criminal homicide is this: murder committed by individuals who are considered to be legally insane, by individuals with a diminished capacity, or by infants?

A

Excusable homicide

12
Q

Which type of criminal homicide is this: all homicides that are neither excused nor justified?

A

Murder

13
Q

Which type of criminal homicide is this: all homicides without malice aforethought that are committed without a justification or excuse?

A

Manslaughter

14
Q

What are the two types of manslaughter?

A

(1) Voluntary Manslaughter

(2) Involuntary Manslaughter

15
Q

_______ aforethought is commonly defined as intent to kill with an ill will or hatred.

A

Malice

16
Q

Malice aforethought is commonly defined as intent to kill with an ___ ____ or _______.

A

ill will

hatred

17
Q

________ ____ defined depraved heart murder as done with extreme recklessness or negligence.

A

Common law

18
Q

Common law defined depraved heart murder as done with extreme ___________ or __________.

A

recklessness

negligence

19
Q

Criminal homicide= unlawful ______ of human being + purposely or knowingly or recklessly or negligently

A

killing

20
Q

Criminal homicide= unlawful killing of human being + ________ or knowingly or recklessly or __________

A

purposely

negligently

21
Q

Criminal homicide= unlawful killing of human being + purposely or _________ or ________ or negligently

A

knowingly

recklessly

22
Q

________ _________= unlawful killing of human being + purposely or knowingly or recklessly or negligently

A

Criminal homicide

23
Q

What are the five different mental states that malice aforethought was divided into?

A

(1) Kill or murder
(2) Knowingly causing grievous or serious bodily harm
(3) Depraved heart murder – killing committed with extreme recklessness or negligence
(4) Intent to resist a lawful arrest
(5) Felony murder – murder committed during the commission of a felony

24
Q

Modern state statutes typically divide murder and manslaughter into what categories?

A

(1) First Degree Murder - Premeditation and deliberation and murder committed in the perpetration of various dangerous felonies
(2) Second Degree Murder – killing with malice and without premeditation
(3) Voluntary Manslaughter
(4) Involuntary Manslaughter

25
Q

What is the difference between voluntary and involuntary manslaughter?

A

Voluntary Manslaughter – murder in the heat of passion

Involuntary Manslaughter – gross negligence

26
Q

What is the difference between first and second degree murder?

A

First Degree Murder - Premeditation and deliberation and murder committed in the perpetration of various dangerous felonies
Second Degree Murder – killing with malice and without premeditation

27
Q

Some states include a third type of manslaughter, ________ manslaughter.

A

vehicular

28
Q

State statutes define the ______ ____ of criminal homicide as the “unlawful killing of a human being” or “causing the death of a person.”

A

actus reus

29
Q

State statutes define the actus reus of criminal homicide as the “_______ ______ of a human being” or “_______ the _____ of a person.”

A

unlawful killing
causing
death