Questions and Answers
Is suicide considered a form of homicide?
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.
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What is the born alive rule?
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What constitutes the legal death of a human being under homicide law?
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What is the Year-and-a-day-rule?
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What is a criminal homicide?
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How is criminal homicide divided by statute?
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What is the common law definition of murder?
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What is the common law definition of manslaughter?
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Under common law, how are murder and manslaughter distinguished?
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Under traditional common law, there are different degrees of murder and manslaughter.
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What is the difference between voluntary and involuntary manslaughter?
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What mental state must a person possess to be classified as acting with malice?
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What is depraved-heart murder?
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What is felony murder?
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What is malice in criminal law?
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What is implied malice?
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What is express malice?
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What three types of unlawful killings constitute manslaughter?
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What is the Pennsylvania Method in classifying murder?
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How does the Pennsylvania Method differ from traditional common law classification?
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Under the Pennsylvania Model, what three types of murder fall within the first degree category?
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To apply a murder statute modeled on Pennsylvania system, what must a lawyer first determine?
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Why does the common law of murder remain relevant in the 21st century?
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What is the murder statute's role?
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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.