Homicide Basics
This is defined as killing another live human being or causing the death of another.
What is homicide?
This type of murder is a premeditated and intentional killing.
What is first degree murder?
This type of manslaughter is an intentional killing committed in the heat of passion upon adequate provocation.
What is voluntary manslaughter?
This amendment prohibits cruel and unusual punishment.
What is the Eighth Amendment?
The death penalty decision is required to be made in how many phases.
What are two phases?
In homicide law, the method of killing is considered this.
What is unimportant?
Premeditation does not require this.
What is a long or well-laid plan (a definite period of time)?
Voluntary manslaughter requires that the killing occur without this period.
What is a cooling-off period?
This 1972 Supreme Court case halted all death sentences.
What is Furman v. Georgia?
The two phases of a death penalty trial are the trial phase and this phase.
What is the punishment phase?
Homicide is graded based on this mental state.
What is mens rea?
This degree of murder includes knowing killings that are not premeditated, justified, or excused.
What is second degree murder?
This type of manslaughter is caused by recklessness or gross criminal negligence.
What is involuntary manslaughter?
This 1976 case allowed the death penalty again after states revised their procedures.
What is Gregg v. Georgia?
During the punishment phase, the jury considers these two types of circumstances.
What are aggravating and mitigating circumstances?
The four levels of mens rea listed for homicide are intentional, knowing, reckless, and this.
What is negligent?
A killing that occurs during the commission of certain felonies is called this.
What is felony murder?
This form of involuntary manslaughter involves conscious creation of a substantial and unjustifiable risk.
What is reckless manslaughter?
This case prohibited execution of people with an IQ under 70.
What is Atkins v. Virginia?
This is the name of the trial structure that separates guilt and punishment.
What is bifurcation?
The physical act required for homicide is referred to by this legal term.
What is actus reus?
For felony murder, this mental state is required regarding killing or serious bodily injury.
What is no intent to kill or inflict serious bodily harm?
This form of involuntary manslaughter occurs when the person should have been aware of the risk but was not.
What is negligent manslaughter?
This case held that the death penalty cannot be imposed for the rape of a child when the victim does not die.
What is Kennedy v. Louisiana?
This model recommends the two-phase death penalty process.
What is the Model Penal Code (MPC)?