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What are the elements of Manslaughter in the 2nd degree?
- 1. death of a person
- 2. death is unlawful
- 3. death is cause by the culpable negligence of the defendant
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What is neglient homicide highway defined?
A highway is the width between the boundry lines of every way publicy maintained when any part thereof is open to the use of the public for purposes of vehicular travel
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What are the elements of negligent homicide?
- 1. death of a person
- 2. defendants driving a casr on a highway
- 3. reckless disregard
- 4. death occurred within a year of causing the injury
- 5. defendent is at least 16 years old
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What are the elements of justifiable homicide by any person?
- 1. when resisting an attempt on their life,
- {or} resisting a felony,
- {or} breaking into their dwelling
- {or} when lawfully protecting someone
- {or} when trying to catch someone who committed a felony, quash a riot, or perserving the peace
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What are the elements of justifiable homicide by an officer?
- 1. executions
- 2. arresting someone or prevent escape from custody
- a. escape from custody
- b. police officer to believe the person will enganger a loife
- 3. legal duty to protect himself
- 4. prevent a prison break nless known
- a. person has no violent history
- b. the perseon won't endanger someone
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What is excusable homicide defined?
- 1. when commited by accident or misforturne while doing a lawful act
- lawful means: usual & ordinary caution & without intent
- 2. when commited in the heat of passion upon any & sudden provocation or in a fight with no undue advange, dangerous weapon, or cruel or unusual manner (self defense)
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What is manslaughter in the 2nd degree: culpable negligence
culpable negligence - omission to do something iwhich a resonably careful peson would do or lack of the usual ordinary care & caution in the performance of an act usually excersided by a person under the same circumstances
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What is manslaughter in the 2nd degree?
Every killing of a person by the act, procument or culpable negligence of another is not murder, manslaughter in the 1st degree, not excusable or justifiable homicide
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What are the elements of manslaughter in the 1st degree?
also known as misdemeanor manslaughter
- 1. death of a human
- 2. occurring as a direct result of an act or event which happened during the commission of a misdemeanor
- 3. caused by the defendant of the misdemenanor
- 4. elements of the misdemeanor
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What are the elements of Murder in the 1st degree with malice aforethought?
- 1. death of a human
- 2. death was unlawful
- 3. death was caused by the defendant
- 4. the death was caused with malice aforethought
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What are the elements of murder in the 1st degree: felony murder?
- 1. death of a human
- 2. death occurred as a result of an act or event which happened in the commission of a felony
- 3. caused by the defedant (any person engaged with the defendant while in the commissionof a felony)
- 4. the mititgating felony elements of the crime are
- a. forcible rape
- b. robbery with a dangerous weapon
- c. kidnapping
- d. escape from custody
- e. arson
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What are the elements of murder in the 2nd degree by imminently dangerous content?
- 1. death of a human
- 2. caused by conduct which was immenently dangerous to another/other person(s)
- 3. conduct was that of the defendant
- 4. conduct evidenced a depraved mind in extreme disregard of human life
- 5. was not done with the intention of taking a life or of harming an individual
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What are the elements of murder in the 2nd degree by felony murder
- 1. death of a human
- 2. occurring as a result of an act or event which happened in the comjmision of a felony that is not rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, 1st degree burglary or arson, or unlawful drug dealing or traffiking in drugs
- 3. caused by the defendant/connection to during the felony
- 4. elements of the felony are alleged to have been as a result
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What are the elements of manslaughter in the 1st degree by dangerous weapon
- 1. death of a human
- 2. death was not excusable or justifiable
- 3. inflicted by means of a dangerous weapon
- 4. caused by the defendant
- 5. when performing the conduct which caused the death, defendant was in the heat of passion
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What are the elements of manslaughter in the 1st degree by heat of passion
- 1. death of a human
- 2. death was not justifiable or excusable
- 3. inflicted in a cruel & unusual manner
- 4. caused by the defendant
- 5. when performing conduct that caused death, defendent was in the heath of passion
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What are the elements of manslaughter in the 1st degree by resisting criminal attempt
- 1. death of a human
- 2. perpetrated unnessesarily, while resisting an attempt by the deceased to commit a crime or after an attempt by the deceased had failed
- 3. perpetrated by the defendant
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What are the elements of manslaughter in the 2nd degree
- 1. death of a human
- 2. death was unlawful\
- 3. death was casued by the culpable negligence of the defendant
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