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
- 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
jul 29 2021 ∞
jan 7 2024 +