The Law of Culpable Homicide Flashcards
Define first degree murder.
Planned and deliberate
Define second degree murder.
Murder that is not first degree murder
Define manslaughter.
Culpable homicide committed without intention to cause death.
Define infanticide.
Causes death of newborn child due to mental disturbance
What are the essential elements of 1st degree murder?
Committed unlawful act
Unlawful act caused victims’s death
Intent
Planned and deliberate
Define planned.
Calculated scheme that is carefully thought out, nature and consequences of which have been considered and weighed
Define deliberate.
Considered, not impulsive
Are there exceptions to the requirement of planning and deliberation?
Yes.
Even if the murder is not planned and deliberate, it is still first degree murder when… (2)
Victim is a peace officer
Death is caused while committing or attempting to commit a set of acts.
What are the acts that could count as first degree murder even if murder not planned and deliberate?
Hijacking, SA, kidnapping, forcible confinement, hostage taking
Criminal harassment
Terrorist activity
Criminal organization
Intimidation of a justice system participant or journalisy.
What is the sentence for first degree murder?
Life imprisonment
25 years parole ineligibility
What is the sentence for second degree murder?
Life imprisonment
10 - <25 years parole ineligibility
What is the maximum sentence for manslaughter?
Life
What is the minimum sentence for manslaughter when firearm is used?
4 years
What is the amount of time for parole ineligibility for manslaughter?
No set time, set by judge
