Degrees of Murder
What type of murder is classified as a killing that is premeditated, deliberate, and done with malice?
First Degree Murder
What is the difference between murder and manslaughter?
Manslaughter occurs without malice aforethought while murder occurs with aforethought
What are the four C’ of actus reus?
Conduct, consequences, circumstances, and causation
What is the burden of proof in criminal law?
Beyond a reasonable doubt
Liam has been feeling unwell for several days, so he decides to visit his doctor, Dr. Singh, for a consultation. After listening to Liam's symptoms, Dr. Singh prescribes a new medication to help alleviate his discomfort. However, just two days after starting the medication, Liam unexpectedly passes away in his sleep. A subsequent autopsy reveals that the cause of Liam's death was a severe reaction to the drug that Dr. Singh had prescribed, which had unforeseen and fatal side effects. Dr. Singh will most likely be charged with...
involuntary manslaughter
What type of murder is classified as a killing that is done with malice (intent) but without premeditation (in the moment but not planned)
Second Degree Murder
What is the definition of malice?
The intent to kill or seriously harm or acting in an extremely reckless manner which shows a lack of regard for human life
What distinguishes criminal homicide from non-criminal homicide?
The intent and circumstances surrounding the crime (self-defense or not)
What describes "aiding" in criminal law?
Helping someone commit a crime
Lena is furious after being unexpectedly terminated from her position at the marketing firm where she has worked for several years. Her boss, Jacob, delivered the news without any warning, leaving her feeling betrayed and humiliated. Overwhelmed with rage, Lena begins to devise a meticulous plan for revenge. She spends days carefully stalking Jacob, learning his daily routines and habits.
One evening, Lena drives to Jacob's neighborhood and parks her car a few blocks away, keeping a low profile. She waits patiently in the shadows until she sees Jacob emerge from his house to take out the trash in the alley behind his home. Seizing the opportunity, Lena stealthily approaches, pulls out a concealed firearm, and shoots Jacob multiple times, resulting in his death. Given the premeditated nature of her actions, Lena will likely be charged with first-degree murder. She will most likely be charged with...
First degree murder
What is a criminal charge brought against a person who, through criminal carelessness, allows another person to die?
Negligent Homicide
What are the two essential parts of a crime?
Actus reus and mens rea
Which term refers to crimes committed with distinct and deliberate purpose?
Specific intent
What is the legal significance of motive in criminal law?
It is used to establish intention
Jenna attends a lively concert with a group of her friends. Over the course of the evening, she drinks 10 alcoholic beverages, and by midnight, she is heavily intoxicated, struggling to keep her balance and slurring her words. Shortly after midnight, feeling the urge to head home, she stumbles to her car and decides to drive despite her impaired state. Jenna remembers from school and Every 15 Minutes that drunk driving is extremely dangerous, but she decides to get behind the wheel anyway.Unable to concentrate and with her reflexes severely slowed, she speeds through a red light without noticing it and collides with another car at a busy intersection. Tragically, the driver of the other car, a young woman named Claire, loses her life in the accident. Jenna will likley be charged with...
second degree murder
What is the unlawful killing of a human being without malice and without premeditation and deliberation but with the intent to cause serious bodily injury?
Voluntary Manslaughter
What is Mens Rea?
the mental state (guilty mind) of a defendant who is accused of committing a crime
What must be proven for an act to be considered "voluntary" under actus reus?
It was performed by choice
What must be proven for an act to be considered "voluntary" under actus reus?
It was performed by choice
As part of a fraternity initiation, a college student tampered with a railroad signal. As a result of the tampering, a train was switched to the wrong track and collided with an oncoming train. As a result, there were several passenger fatalities. What crime was committed?
involuntary manslaughter
What is the unlawful killing of a person without malice, without premeditation and deliberation, and without the intent to kill or inflict serious bodily injury?
Involuntary Manslaughter
What is Actus Reus?
The physical act of committing an offense
What is required for a crime to be classified as reckless?
It involved negligence or carelessness
What does it mean to be an "accessory after the fact"?
Helping a criminal escape or hide after the crime
A husband came home unexpectedly in the middle of the day. He walked into his bedroom and found his wife in bed with his best friend. In the heat of passion, the husband got his gun out of the bedroom closet and killed the man. What crime was committed?
Voluntary manslaughter