Chapter 10 Powerpoint pt. 2 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 10 Powerpoint pt. 2 > Flashcards

Flashcards in Chapter 10 Powerpoint pt. 2 Deck (33):
1

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.

2

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 _____.

fetus
viable

3

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
"born alive"

4

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.

common law

5

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 _____.

abortion
fetus

6

Most states have adopted a _____ _____ test for death.

brain death

7

Some states still use the ____-____-_-___ rule for death.

year-and-a-day

8

Most states will charge murder if the defendant’s actions were the _________ _____ of the victim’s death, mostly regardless of ________ ____.

proximate cause
elapsed time

9

Brain death tests has been adopted by most states as an alternative to the _______ __________ __ ______ Act.

Uniform Determination of Death

10

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

11

What are the two requirements to depraved heart murder?

(1) conduct
(2) intent

12

________ ______ ______ is an act that creates a very high degree of risk or bodily injury.

Depraved Heart Murder

13

Depraved Heart Murder places at least one person in ______

danger

14

Depraved Heart Murder is committed by an individual who knows, or reasonably should have known, of the ________ nature of his or her _____.

dangerous
acts

15

Depraved heart murder= dangerous act creating a high risk of _____ + knowledge of danger created by act

death

16

Depraved heart murder= dangerous act creating a high risk of death + knowledge of ______ created by ____

danger
act

17

________ _____ ______= dangerous act creating a high risk of death + knowledge of danger created by act

Depraved heart murder

18

First degree murder is a combination of ___________ and __________.

premeditation
deliberation

19

True or False: Premeditation may be formed in the few seconds it takes to pull a trigger or deliver a fatal blow

True

20

Capital and Aggravated First-Degree Murder are murders that are subject to the ______ _______ or ____ __________.

death penalty
life imprisonment

21

What determines the presence of aggravating factors when it comes to capital and aggravated first-degree murder?

(1) Victim
(2) Offender
(3) Criminal act
(4) Felony Murder

22

True or False: all states have a universal understanding of second degree murder

False; Different states have varying definitions.

23

_________ ______ must outweigh any existing _________ ___________, when it comes to Capital and Aggravated First-Degree Murder.

Aggravating factors
mitigating circumstances

24

When it comes to Depraved Heart Murder ______ is implied.

malice

25

When it comes to ________ _____ ______ malice is implied.

Depraved Heart Murder

26

______ ______- 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

Felony Murder

27

Why do we have the felony-murder rule?

(1) Deterrence
(2) Protection of Life
(3) Punishment
(4) Prosecution

28

What are the theories of felony murder?

(1) agency theory
(2) proximate cause theory

29

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?

Agency Theory

30

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

31

The _____ _____ _____ limits the felony murder to killings that are recklessly committed during the course of certain felonies.

Model Penal Code

32

The Model Penal Code limits the ______ murder to killings that are _________ committed during the course of certain felonies.

felony
recklessly

33

________ _______ is a killing in which a business is held criminally responsible.

Corporate murder