Manslaughter
The ancient common law crime created by judges, not by legislators, consisting of two crimes: voluntarily or involuntarily killing another person
What is Manslaughter
The killing in self-defense
What is Justifiable homicide
The homicide law once said that 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 born alive rule
the bodily injury that involves a substantial risk of death; protracted unconsciousness; extreme physical pain; protracted or obvious disfigurement; or protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty
What is serious bodily injury
the mandate that the death penalty decision be made in two phases: a trial to determine guilt and a second separate proceeding, after a finding of guilt, to consider the aggravating factors for, and mitigating factors against, capital punishment
What is bifurcation precedure
The sudden and intentional killing another person in the heat of anger following adequate provocation; elements include murder actus reus, mens rea, causation, and death
what is voluntary manslaughter
The killings were done by someone “not of sound memory and discretion”
What is excusable homicide
The unintentional deaths that occur during the commission of some felonies are murder
What is the Felony murder rule
the act of killing by poisoning, striking, starving, drowning, and a thousand other forms by which human nature can be overcome
What Murder actus reas
requires that a reasonable person under the same circumstances would have had time to cool off
What is Objective test of cooling time off
an unintentional killing (mensrea) by a voluntary act or omission (actus reus)
what is involuntary manslaughter
The homicides that are neither justified nor excused
What is Criminal homicide
the rule that words are never adequate provocation to reduce murder to manslaughter
What is "Words can never provoke" rule
The originally the mental state of intentional killing, with some amount of spite, hate, or bad will, planned in advance of the killing
What is malice aforethought
the emotions that led to a killing from the question of whether the killing itself was reasonable
What is emotional act distinction
The unintended deaths occurring during the commission of nonhomicide offenses
What is unlawful act or misdemeanor manslaughter
The crime of killing a fetus
what is feticide
the smoldering resentment or pent-up rage resulting from earlier insults or humiliating events, culminating in a triggering event that, by itself, might be insufficient to provoke the deadly act
The killing a person with “malice aforethought”
What is murder
a homicide committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such an explanation or excuse shall be determined from the viewpoint of the person in the actor’s situation under the circumstances as he believes them to be
What is extreme mental or emotional disturbance manslaughter
The extremely reckless killings
What is Depraved hearty murder
the common law rule that a husband who caught his wife in the act of adultery had adequate provocation to kill; today, it applies to both parties of a marriage
What is paramour rule
the purposeful, knowing, or reckless as the mental element in killing
What is murder mens rea