Homicide Basics
This term refers to all homicides that are neither justified nor excused.
What is criminal homicide?
This ancient common law term describes the mental state of "planning in advance" to kill.
What is malice aforethought?
This degree of murder requires proof of premeditation and deliberation.
What is first-degree murder?
This is an intentional killing committed in the "heat of passion."
What is voluntary manslaughter?
A driver speeds through a school zone at 60mph and hits a student. They didn't mean to kill, but acted with gross negligence.
What is involuntary manslaughter?
This common law rule required a fetus to be born alive and breathing to be considered a homicide victim.
What is the born-alive rule?
This doctrine allows a jury to infer intent to kill if the defendant used an object likely to cause death.
What is the deadly weapon doctrine?
This rule allows a murder conviction if a death occurs during the commission of a dangerous felony like robbery or arson.
What is the felony murder rule?
This is the legal standard for a "trigger" that would cause a reasonable person to lose control.
A man walks in on his spouse with another person and immediately kills them in a rage.
What is voluntary manslaughter (under the paramour rule)?
State legislatures created this specific crime to address the killing of an unborn fetus.
What is feticide?
This is the act of killing another person (the actus reus of murder).
What is causing the death of another person?
This is the only type of criminal homicide that can result in the death penalty.
What is capital murder (or first-degree)?
This type of manslaughter involves an unintended death caused by reckless or negligent behavior.
What is involuntary manslaughter?
A woman waits in a parking lot for an hour for her ex-boss, then shoots him as he exits.
What is first-degree murder (premeditated)?
This type of homicide is committed by someone "not of sound memory and discretion," like a child or someone legally insane.
What is excusable homicide?
To convict, the prosecution must prove the defendant’s act was both the factual cause and this kind of "legal" cause.
What is a proximate cause?
This degree of murder is an intentional killing that was NOT planned in advance.
What is second-degree murder?
This rule states that a person cannot claim "heat of passion" if they had enough time to regain their composure.
What is the cooling-off period?
A robber’s gun accidentally goes off during a bank heist, killing a teller.
What is felony murder?
These are killings done by a person in the line of duty, such as an officer using legal deadly force.
What is justifiable homicide?
This type of malice involves killings where the defendant didn't mean to kill but acted with "extreme indifference to human life."
What is implied malice (or depraved heart)?
This legal process splits a murder trial into two parts: a guilt phase and a penalty phase.
What is a bifurcation procedure?
Also called "unlawful act manslaughter," this involves deaths during a non-felony crime.
What is misdemeanor manslaughter?
A roofer drops a heavy beam from a 10-story building into a crowded plaza without looking or warning anyone.
What is depraved heart murder?