Murder Flashcards
(23 cards)
What is the definition of murder? With case law.
Lord Coke: The unlawful killing of a reasonable creature in being with malice aforethought expressed or implied.
Murder can be committed by act or omission.
By Act.
Omissions -> GNMS
What is the difference between voluntary and involuntary manslaughter?
Voluntary manslaughter occurs with intent to cause serious harm; involuntary manslaughter occurs without intent of causing serious harm.
True or False: A person can be charged with murder for accidentally causing someone’s death.
False, unless it falls under involuntary manslaughter.
What is ‘reasonable person’ standard in the context of murder?
It refers to how a typical person would act in similar circumstances, used in assessing self-defense claims.
What is the significance of ‘intent’ in the definition of murder?
Intent determines the level of culpability and differentiates murder from manslaughter.
What constitutes actus reus in a murder charge?
The physical act of killing or causing the death of another person.
Fill in the blank: Murder is classified as a ____ offense.
indictable
What is ‘malice aforethought’?
The intention to kill or cause serious injury to another person.
True or False: A person can be guilty of murder if they had no intention to kill but acted recklessly.
True, if it shows extreme indifference to human life.
What is the maximum sentence for murder in the UK?
Life imprisonment.
What is the term for a killing that occurs during the commission of another serious crime?
Felony murder.
Fill in the blank: Provocation can reduce murder to _____.
voluntary manslaughter
What is the role of ‘foreseeability’ in murder cases?
It assesses whether the defendant could have reasonably foreseen the outcome of their actions.
What must the prosecution prove to secure a murder conviction?
That the defendant unlawfully killed another person with intent.
True or False: A killing can be lawful under certain circumstances.
True, such as in self-defense.
What does ‘diminished responsibility’ refer to in murder cases?
A partial defense that can reduce murder to manslaughter due to mental impairment.
What is ‘unlawful act manslaughter’?
A type of involuntary manslaughter occurring when a person commits an unlawful act that results in death.
Fill in the blank: The concept of ‘double jeopardy’ prevents a person from being tried for the same ____ twice.
offense
What must be established for a claim of self-defense to be valid in a murder case?
That the force used was reasonable and necessary.
What is the ‘intent to cause serious harm’ standard?
It refers to a level of intent where the defendant does not necessarily intend to kill but intends to cause serious injury.
True or False: A person can be found guilty of murder even if they did not physically commit the act.
True, if they encouraged or assisted in the murder.
What is the significance of ‘transferred malice’ in murder cases?
It applies when the intent to kill one person inadvertently causes the death of another.
