Chapter 10 Powerpoint pt. 3 Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 10 Powerpoint pt. 3 > Flashcards

Flashcards in Chapter 10 Powerpoint pt. 3 Deck (12):
1

Manslaughter comprises a second category of ________ and is defined as an unlawful killing of another human being without ______ _________.

homicide
malice aforethought.

2

__________ comprises a second category of homicide and is defined as an unlawful killing of another human being without malice aforethought.

Manslaughter

3

True or False: Other statutes distinguish between degrees of manslaughter, and a third approach provides for a single offense of manslaughter.

True

4

Involuntary manslaughter is divided into ________ and __________.

negligent
misdemeanor

5

Involuntary manslaughter, misdemeanor manslaughter results from an __________ killing from an act that is unlawful, yet not a ______.

unintentional
felony

6

__________ manslaughter, ___________ manslaughter results from an unintentional killing from an act that is unlawful, yet not a felony.

Involuntary
misdemeanor

7

__________ _______ _________ – a fictional balanced, sober, and fair-minded human being with no physical or mental imperfection

Reasonable Person Standard

8

Defense of sudden heat of passion is unavailable if a reasonable person’s passion would have experienced a cooling of blood between the time of the ___________ and the time of the _______

provocation
killing

9

True or False: The cooling of blood takes a whole to occur

False; It is possible for cooling of blood to occur instantaneously

10

True or False: Common law restricted adequate provocation to certain situations.

True

11

What is the difference between negligent and misdemeanor manslaughter?

Negligent Manslaughter – the negligent creation of a risk of serious injury or death of another
Misdemeanor Manslaughter – killing of another during the commission of a criminal act that does not amount to a felony

12

_______ Manslaughter – killing of another that results from the grossly negligent operation of an automobile or from driving under the influence of intoxicants

Vehicular