Criminal Homicide Flashcards

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Questions and Answers

Is suicide considered a form of homicide?

No (correct)

Yes

How is homicide defined under modern common law?

The killing of a human being by another human being.

Under common law, a fetus is considered a human being.

False

A homicide occurs if a fetus dies from a pre-birth blow during birth.

True Signup and view all the answers

What is the born alive rule?

A common law principle that holds criminal laws apply only to a child that is born alive. Signup and view all the answers

What constitutes the legal death of a human being under homicide law?

A complete and permanent stoppage of circulation and vital functions. Signup and view all the answers

What is the Year-and-a-day-rule?

A rule that relieves a defendant of responsibility for homicide if the victim lives for more than one year and one day after being injured. Signup and view all the answers

What is a criminal homicide?

A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of another person. Signup and view all the answers

How is criminal homicide divided by statute?

Into murder and manslaughter. Signup and view all the answers

What is the common law definition of murder?

The unlawful killing of a human being by another human being with malice aforethought. Signup and view all the answers

What is the common law definition of manslaughter?

The unlawful killing of a human being by another human being without malice aforethought. Signup and view all the answers

Under common law, how are murder and manslaughter distinguished?

By the presence of malice aforethought. Signup and view all the answers

Under traditional common law, there are different degrees of murder and manslaughter.

False Signup and view all the answers

What is the difference between voluntary and involuntary manslaughter?

Voluntary manslaughter is intentional killing in response to provocation, while involuntary manslaughter is unintentional causing of death. Signup and view all the answers

What mental state must a person possess to be classified as acting with malice?

Any of four states of mind: intent to kill, intent to bodily injury, depraved heart murder, or felony murder. Signup and view all the answers

What is depraved-heart murder?

A type of murder where someone acts with a depraved indifference to human life and causes a death. Signup and view all the answers

What is felony murder?

A legal rule that makes a defendant liable for a death resulting from the commission of a felony. Signup and view all the answers

What is malice in criminal law?

The intent to commit a wrongful act that will result in harm to another. Signup and view all the answers

What is implied malice?

The mental state inferred from certain acts without explicit intent to kill. Signup and view all the answers

What is express malice?

The intent to kill or seriously injure arising from a deliberate, rational mind. Signup and view all the answers

What three types of unlawful killings constitute manslaughter?

Voluntary manslaughter, involuntary manslaughter, and unlawful-act manslaughter. Signup and view all the answers

What is the Pennsylvania Method in classifying murder?

A system classifying murder by degree, with specified types of first-degree murder. Signup and view all the answers

How does the Pennsylvania Method differ from traditional common law classification?

Traditional common law did not divide murder by degree, while the Pennsylvania Method does. Signup and view all the answers

Under the Pennsylvania Model, what three types of murder fall within the first degree category?

Murders that are committed in a specified manner, a willful, deliberate killing, and homicide during a statutorily enumerated felony. Signup and view all the answers

To apply a murder statute modeled on Pennsylvania system, what must a lawyer first determine?

Whether a murder has occurred. Signup and view all the answers

Why does the common law of murder remain relevant in the 21st century?

Many states apply the common law definition or base their statutes on it. Signup and view all the answers

What is the murder statute's role?

To divide common law murder into statutory degrees of the offense. Signup and view all the answers

Study Notes

Suicide and Homicide

Early common law classified suicide as a form of homicide; modern statutes define homicide as "the killing of a human being by another human being."
Assisting someone in suicide can lead to charges of aiding or abetting suicide in various jurisdictions.

Definition of Homicide

Homicide can be either innocent or criminal; all executions qualify as homicides under law.
The severity of homicide is differentiated through degrees established by law.

Fetus Under Common Law

A fetus must be born alive to be considered a "human being" in regard to criminal homicide law.

Homicide and Fetal Injuries

A homicide is recognized if a fetus is born alive and dies from pre-birth injuries; immediate death of the fetus does not constitute homicide.

Born Alive Rule

The "born alive" rule limits criminal laws to children born alive; critics find it outdated due to advancements in medical technology that can determine fetal viability and cause of death.

Legal Definition of Death

Traditional definition states a human is dead upon complete and permanent cessation of blood circulation and vital functions.
Modern definitions often include "brain death," acknowledging circumstances where life-support machines artificially sustain life.

Year-and-a-Day Rule

This rule relieves a defendant of homicide responsibility if the victim survives for over a year and a day post-injury.
Criticized as outdated due to modern medical advancements; many jurisdictions have abolished it.

Criminal Homicide Classification

Criminal homicide includes murder, manslaughter, and criminally negligent homicide.
It occurs when a person causes another's death intentionally, knowingly, or recklessly without justification.

Division of Criminal Homicide

Statutory classification distinguishes criminal homicide into murder and manslaughter under American common law.

Common Law Definitions

Murder is the unlawful killing with malice aforethought, encompassing various types such as intent-to-kill and felony-murder.
Manslaughter is the unlawful killing without malice aforethought, subdivided into voluntary and involuntary categories.

Distinction Between Murder and Manslaughter

The presence of "malice aforethought" distinguishes murder from manslaughter; malice makes murder a capital offense.

Degrees of Murder and Manslaughter

Traditional common law had no degrees of murder; distinctions emerged later, with voluntary and involuntary classifications.

Voluntary vs. Involuntary Manslaughter

Voluntary manslaughter occurs in the heat of passion due to provocation; involuntary manslaughter is a negligent, unintentional act causing death.

Mental States for Malice

Malice can be expressed (intent to kill) or implied (indifference to life); all mental states share a disregard for human life.

Depraved-Heart and Felony Murder

Depraved-heart murder demonstrates extreme indifference leading to death, regardless of intent.
Felony murder applies when a death occurs during the commission of a felony, regardless of intent.

Malice and Its Types

Malice involves intent to harm; expressed malice is intentional, while implied malice is inferred from conduct.

Pennsylvania Method of Classifying Murder

Classifies murder into first and second degrees, focusing on murder's circumstances and the mental state of the offender.

Differences from Traditional Common Law

Common law did not distinguish murder by degree; the Pennsylvania model introduced classified penalties reflecting the severity of the act.

Application of the Pennsylvania Model

Attorneys must first classify an act as murder to determine applicable statutes and degrees of murder by assessing the presence of malice.

Continued Relevance of Common Law

Common law definitions often remain relevant, as some statutes do not clearly define murder or are based on common law terms.

Role of Murder Statute

The statute serves to categorize common law murder into statutory degrees for legal purposes.

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Description

Test your knowledge on the concept of homicide, including discussions on suicide and its classification under common law. This quiz will help clarify the definitions and distinctions necessary for understanding criminal law related to homicide. Ideal for law students and enthusiasts alike.