Person or Human Being
What is the born-alive rule?
To be a person, and therefore a homicide victim, a baby had to be “born alive” and capable of breathing and maintaining a heartbeat on its own
what is murder?
Killing a person with "malice aforethought"
what is manslaughter?
the unlawful killing of another, which may be either voluntarily upon a sudden heat, or involuntarily, where one had no intent to do another any personal mischief.
What is Euthanasia?
Assisted suicide
What is the case law that was created after the conviction of Lawrence Cotton, who shot and killed his girlfriend who was pregnant?
State v. Cotton
what is manslaughter?
Killing a person without malice aforethought
How many elements are required for Adequate Provocation?
What is passive euthanasia?
failing to take any extraordinary measures to keep someone alive.
In how many states, is it a crime to kill a fetus?
24
What is the "grand criterion" that distinguishes murder from other killings?
Malice aforethought
what case law was involved for the objective test of cooling-off time?
State v. Flory (1929)
what is active euthanasia?
deliberate acts to cause death
California legislature added what 3 words to its existing murder statute in order to overturn Keeler v. Superior Court (1970)?
"or a fetus"
what is justifiable homicide?
killing in self-defense, capital punishment, and law enforcement use of deadly force.
what must be proven for voluntary manslaughter?
The prosecution must prove that the provocation caused the passion and the killing.
can euthanasia be voluntary?
yes, a dying person can make a rational request and be examined to guarantee the validity of the request.
Other state legislatures have left their homicide statutes intact and created the new crime of???
feticide
what is excusable homicide?
killings done by someone "not of sound memory and discretion" (insane and immature)
What is the emotional reasonableness approach?
finding the defendant's emotional outrage or passion was reasonable.
what is involuntary euthanasia?
a family and court decision with good intentions.