Chapter 10 Powerpoint pt. 3 Flashcards
(12 cards)
Manslaughter comprises a second category of ________ and is defined as an unlawful killing of another human being without ______ _________.
homicide
malice aforethought.
__________ comprises a second category of homicide and is defined as an unlawful killing of another human being without malice aforethought.
Manslaughter
True or False: Other statutes distinguish between degrees of manslaughter, and a third approach provides for a single offense of manslaughter.
True
Involuntary manslaughter is divided into ________ and __________.
negligent
misdemeanor
Involuntary manslaughter, misdemeanor manslaughter results from an __________ killing from an act that is unlawful, yet not a ______.
unintentional
felony
__________ manslaughter, ___________ manslaughter results from an unintentional killing from an act that is unlawful, yet not a felony.
Involuntary
misdemeanor
__________ _______ _________ – a fictional balanced, sober, and fair-minded human being with no physical or mental imperfection
Reasonable Person Standard
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
True or False: The cooling of blood takes a whole to occur
False; It is possible for cooling of blood to occur instantaneously
True or False: Common law restricted adequate provocation to certain situations.
True
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
_______ Manslaughter – killing of another that results from the grossly negligent operation of an automobile or from driving under the influence of intoxicants
Vehicular
