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HOMICIDE
- the killing of a human being by another
- ( commom law)
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MURDER
- the unlawful killing of a homan being with malice aforethought
- ( modern)
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MALICE AFORETHOUGHT
intention to kill actual ( consciously desire to cause death) or implied ( intended to cause great bodliy harm... or by the natural tendency to cause death or great bodily harm)
deadly weapon doctirne
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DEADLY weapon doctrine
using a deadly weapon ( weapon calculated to kill or cause great bodily harm) on another human is PRESUMED to have intended the killing ( modern statute--- murder)
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murder modern law ( the different types)
- deadly weapon
- intent to inflict great bodily harm
- intent to commit a felony ( maybe nnot intendidng to kill)
- intent to commit a felony
- intending to resist lawful arrest
- depraved heart
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STATUTE MURDER
- 1st degree , second degree
- voluntary and involuntary manslaughter
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1st degree murder
premeditated killing with some reflection, deliberation, reasoning or weighing
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1sr degree murder Esentaial elements
- proof of opportunity to premeditate
- proof of actual consideration
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types of first degree murder
- premeditation
- felonies
- bomb, lying in wait
- torture
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2nd murder
all killing with malice aforethought which are not specifically defined by statutes
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capital murder
killing with enumerated aggrivated factors or special circumstances
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felony murder
killings caused with the intent to commit a felony
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essential elements to felony murder ( limits)
- forseeable
- dangerous felony
- felony independent of kiling
- in prepatation of felony
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voluntary manslaughter
a killing which would otherwise be murder ( malice aforethought) but was committed in response to a certain prevocation
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essential elements for voluntary manslaughter
- provocation ( objective) reasonable person
- been provoked
- interval between provocation and killing ( even if immediate) must not be long
- must not have actually cooled off
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involuntary manslaughter
unintentional killing if result is from criminal negligence or during the comission of unlawful act ( not a felony)
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involuntary manslaughter essential elements... requirements
- awarness of risk
- only for malum in se... not malum prohibitum
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posession
the having or holding of property in ones power to exercise dominion over the property.
( very fine lines.... dominion means controll....)
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omission
failure to do something or the act of leaving something out
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perjury
the act or instance of a persons deliberatly making material false or misleading statements while under oath.
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principal in the first
perpertrator of the crime, COMMON LAW
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principal in the second degree
- one who helped the crime AT THE TIME OF THE CRIME
- COMMON LAW
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accessorie before the fact
- incites or abets the crime COMMON LAW
- is liable fo r the crime
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accessory after the fact
- after aids in hindering arrest, prosecution, conviction, of persons who they KNOW committed a felonyCOMMON LAW
- ( is liable for the crime)
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principal
modern statute. actor, liable for the crime
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accomplice
assists, liable for the crime
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accomplice after the fact
not liable, but might have separate crimes
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rape
- common law definition
- unlawful sexula intercourse with a female with out her consent
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forcable rape
- COMMON LAW
- unlawful carnal knowledge of a woman against her will.
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forcable rape essential elements
- carnal
- unlawful
- \against her will ( intoxication might make incapable)
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fraud to rape
permissable as long as not as to marriage.
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specific intent crimes
sac 1 Alffe
- solicitation ( intent to have someone commit a crime)
- attempt ( intent to commit a crime)
- conspiracy ( intent to have a crime committed)
- 1st degree ( premeditation)
- assault ( intent to commit a battery, or ti frighten)
- larceny_robbery ( intent to deprive owner of their property)
- forgery ( intent to defraud)
- flase pretenses ( intent to defraud)
- embezzelment ( intent to convert by defrauding)
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