Criminal LAW 2

Question 1

Murder

Answer 1

Is a homicide committed with malice aforethought

Question 2

First degree murder

Answer 2

Is murder committed by poison, torture, lying in wait, or other willful deliberate and premeditated means, or murder that results from application of the felony murder rule.

Question 3

Second degree murder

Answer 3

Is all murders which are not first degree murder, in other words, those homicide committed with malice aforethought but which do not meet the requirements in the first degree.

Question 4

Involuntary Manslaughter

Answer 4

Is an unintentional homicide committed without malice but under circunstances involving either gross negligence on the commission of a crime not covered by the felony murder rule.

Question 5

Malice aforethought

Answer 5

Malice could be understood like express and implied.
EXPRESS: Defendant intended to cause death or grievous bodily harm to another

IMPLIED: Killings that happened while a person was committing a felony.

Question 6

Willful

Answer 6

It means voluntary and intentional

Question 7

Deliberation

Answer 7

Carefully considered

Question 8

Premeditation

Answer 8

Thought out or planned before hand.

Question 9

Actual cause or cause in fact

Answer 9

An actual cause is the cause which starts, ignites or make possible the result which follows, and which satisfies the “But For” or substantial factor test.

Question 10

Proximate Cause

Answer 10

In criminal law, an actual cause of harm is also the proximate cause if the act is closely connected enough for the resulting harm that it is fair to hold the defendant responsible for causing the harm. Under the Model Penal Code, this means that the resulting harm is not “ too remote or accidental” from the defendants act to make it unfair to hold hin responsable