Homicide Basics
What is the crime of killing a fetus called?
Feticide
What does "malice aforethought" originally refer to?
Intentional, pre-planned killing with spite or bad will.
The only crime eligible for the death penalty is what?
first-degree murder.
Suddenly and intentionally killing in the heat of anger is what?
voluntary manslaughter
Killing during extreme emotional disturbance falls under what type of manslaughter?
Extreme mental or emotional disturbance, manslaughter.
What rule required a baby to be "born alive" to be considered a homicide victim?
The born-alive rule
Extremely reckless killings fall under what category?
Depraved heart murder
Murders that are not first-degree, such as depraved heart or injuries leading to death, are what?
Second-degree murders.
The requirement that the provocation must be legally recognized and reasonable is called what?
Adequate provocation
Which concept separates emotions from whether the violent response was reasonable?
Emotion-act distinction.
Killing a person with "malice aforethought" is called what?
Murder
This term refers to bodily injury creating a substantial risk of death or extreme pain.
serious bodily injury
What doctrine presumes intent to kill when a deadly weapon is used?
Deadly weapon doctrine
What rule says words alone can never reduce murder to manslaughter?
"Words can never provoke" rule.
A finding that a reasonable person in the defendant's shoes would respond violently is called what?
What is act reasonableness?
What type of homicide includes all killings that are neither justified nor excused?
Criminal homicide
What is the actus reus of murder?
The act of killing by any method, such as poisoning, striking, drowning, starving, etc.
What procedure requires two phases: guilt determination and a penalty phase?
Bifurcation
Long-built resentment plus a triggering event describes what rule?
Last-straw rule
A finding that someone's emotional outrage was reasonable is called what?
Emotional reasonableness
What are killings done by someone "not of sound memory and discretion?
Excusable homicide
What mental states can satisfy the mens rea of murder?
Purposeful, knowing, or reckless.
Death penalty cases and mandatory life-without-parole cases are called what?
Capital cases
The rule allowing a spouse who catches their partner cheating to be provoked is called what?
The paramour rule.
A claim that a person reacts violently to a homosexual advance is called what (now rejected)?
Gay panic