homicide:

  • the killing of another person

non-culpable homicide:

  • the act of killing a person justified in some way
    • self defense
    • soldier
    • not to blame (culpa = fault or blame in latin)

negligence homicide:

  • actions were a result of willful blindness or negligence
    • leaving a child in a hot car

culpable homicide:

  • murder
  • manslaughter
  • infanticide

degrees:

  • first-degree
    • planned and intentional
  • second-degree
    • the killing of another, without explicit intent
    • no plan, but you knew you'd cause harm
    • extreme indifference to human life (could also be a result of

emotions)

    • didn't really mean to kill
    • conscious disregard for life
    • you should've known better (drunk driving, showing off gun, walking aggressive dogs)
  • third-degree
    • no intent, but still killed someone
    • manslaughter
      • involuntary
        • unintentional killing of someone from negligence or reckless behavior
        • disregard of human life --> electrical fire and death
      • constructive
        • killing someone during the commission of a small crime
        • reckless driving --> death of another
      • voluntary:
        • person being killed even though the one charged didn't intend to kill someone
    • depraved-heart murder (minnesota: abortion)

notes:

  • manslaughter vs. negligence homicide
    • manslaughter = recklessness
    • negligence = fatal mistake
  • transferred intent:
    • person a intending to kill person b, but accidentally killing bystander person c (it's still murder)
  • felony murder
    • intent to commit a felony crime, but in the process killed someone
  • capital murder
    • > death penalty ??
jul 29 2021 ∞
jan 7 2024 +