Flashcards in Chapter 10 Powerpoint pt. 2 Deck (33):
True or False: Under common law, defendant was held liable for the life of an unborn child
False; At common law, defendant was not liable for the life of an unborn child unless, the child was born alive and with the capacity for independent existence.
Most states hold a criminal liable for the life of an unborn child if the prosecution is able to prove (beyond a reasonable doubt) that the _____ is _____.
The ______ ______ ______ maintains the common law “_____ _____” rule in order to avoid a possible conflict between the law of abortion and the criminal law rule concerning the fetus.
Model Penal Code
The Model Penal Code maintains the _______ ____ “born alive” rule in order to avoid a possible conflict between the law of abortion and the criminal law rule concerning the fetus.
The Model Penal Code maintains the common law “born alive” rule in order to avoid a possible conflict between the law of ________ and the criminal law rule concerning the _____.
Most states have adopted a _____ _____ test for death.
Some states still use the ____-____-_-___ rule for death.
Most states will charge murder if the defendant’s actions were the _________ _____ of the victim’s death, mostly regardless of ________ ____.
Brain death tests has been adopted by most states as an alternative to the _______ __________ __ ______ Act.
Uniform Determination of Death
What is the Year and a Day rule?
a common law standard that provides that an individual is criminally responsible only for a death that occurs within one year of his or her criminal act
What are the two requirements to depraved heart murder?
________ ______ ______ is an act that creates a very high degree of risk or bodily injury.
Depraved Heart Murder
Depraved Heart Murder places at least one person in ______
Depraved Heart Murder is committed by an individual who knows, or reasonably should have known, of the ________ nature of his or her _____.
Depraved heart murder= dangerous act creating a high risk of _____ + knowledge of danger created by act
Depraved heart murder= dangerous act creating a high risk of death + knowledge of ______ created by ____
________ _____ ______= dangerous act creating a high risk of death + knowledge of danger created by act
Depraved heart murder
First degree murder is a combination of ___________ and __________.
True or False: Premeditation may be formed in the few seconds it takes to pull a trigger or deliver a fatal blow
Capital and Aggravated First-Degree Murder are murders that are subject to the ______ _______ or ____ __________.
What determines the presence of aggravating factors when it comes to capital and aggravated first-degree murder?
(3) Criminal act
(4) Felony Murder
True or False: all states have a universal understanding of second degree murder
False; Different states have varying definitions.
_________ ______ must outweigh any existing _________ ___________, when it comes to Capital and Aggravated First-Degree Murder.
When it comes to Depraved Heart Murder ______ is implied.
When it comes to ________ _____ ______ malice is implied.
Depraved Heart Murder
______ ______- is a murder that occurs during the commission of a felony regardless of whether the killing is committed with deliberation and premeditation, intentionally, recklessly, or negligently
Why do we have the felony-murder rule?
(2) Protection of Life
What are the theories of felony murder?
(1) agency theory
(2) proximate cause theory
Which theory of felony murder is this: a felon is responsible for deaths committed by a felon or a co-felon, but not for deaths committed by someone acting as an adversary?
Which theory of felony murder is this: a felon is responsible for all foreseeable deaths during the commission of a dangerous felony?
Proximate Cause Theory
The _____ _____ _____ limits the felony murder to killings that are recklessly committed during the course of certain felonies.
Model Penal Code
The Model Penal Code limits the ______ murder to killings that are _________ committed during the course of certain felonies.