Criminal Homicide an Other Crimes Against the Person

Question 1

Homicide

Answer 1

The killing of a human being by another human being

Question 2

Justifiable Homicide

Answer 2

Self-defense, lawful execution, killing in battle, and use of lethal force used by law enforcement

Question 3

Excused Homicide

Answer 3

Insanity Defense

Question 4

Criminal Homicide

Answer 4

The killing of a human being by another human being without justification or excuse

Question 5

At common law, what are the two types of criminal homicide?

Answer 5

The two types are:
(1) Murder; and
(2) Manslaughter

Question 6

Murder

Answer 6

is the unlawful killing of a human being or modernly a fetus (without unlawful abortion), by another human being with malice aforethought

Question 7

Manslaughter

Answer 7

is the unlawful killing of a human being or modernly, a fetus (without lawful abortion), by another human being without malice

Question 8

Modernly, how are the two types of criminal homicide broken apart?

Answer 8

Into degrees for murder and into types for manslaughter

Question 9

What is a deadly weapon?

Answer 9

Is an object, instrument, or weapon used in a way that is capable of producing, or likely to produce, death or bodily injury

Question 10

How do you determine whether an object is a deadly weapon?

Answer 10

To determine whether an object is a deadly weapon:
(1) Consider the nature of the object;
(2) Consider how the object was used; and
(3) Consider any other relevant facts

Question 11

What is a deadly weapon rule?

Answer 11

When a deadly weapon is used in the killing of one human by another, the use may be sufficient to infer proof of intent to kill with a deadly weapon being pointed at a vital part of a human.

Question 12

What is the continuous transaction doctrine?

Answer 12

Defines the duration of felony-murder liability, which may extend beyond the termination of the felony itself, provided that the felony and the act resulting in death constitute one continuous transaction

Was there a continuous transaction or was there a break in the circumstances? If the felony and murder are part of one continuous transaction, they can be found guilty under the felony murder rule