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Criminal Law Ch 9 & 10

30 cards·by bjs57190
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born alive rule
rule that to be a person and be a homicide victim, the baby had to be born alive and capable of breathing
murder
killing a person with malice aforethought
manslaughter
killing a person without malice aforethought
justifiable homicide
killing in self-defense
excusable homicide
killing done by someone not of sound memory and discretion
criminal homicide
all homicides that are neither justified nor excused
malice aforethought
state of intentionally killing and it being planned in advanced
depraved heart murder
extremely reckless killing
murder actus reus
the act of killing by poisoning, striking, starving ect by which human nature can be overcome
murder mens rea
include purposeful, knowing, or reckless killing
first degree murder
consists of premeditated intent to kill others (the only crime today that death penalty can be imposed)
manslaughter
voluntary or involuntary killing another person
voluntary manslaughter
intentionally killing someone in the heat of anger following provocation elements include mens rea, actus reus
adequate provocation
the trigger that sets off the sudden killing of another person
paramour rule
the common law rule that a husband who caught his wife in act of adultery had the adequate provocation to kill
aggravated rape
rape by strangers or individuals with weapons who physically injure their victims
unarmed acquaintance rape
non-consensual sex between two individuals who are known to one another
common law rape
intentional forced heterosexual vaginal penetration by a man of a woman who isnt his wife
corroboration rule
an element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim
rape shield statutes
statutes that prohibit introducing evidence of victims past sexual conduct
prompt-reporting rule
requires that rape victims report the rape soon after it occurs
martial rape exception
provided that legally husbands could not rape their wives
statutory rape
sex with a minor by whether or not accomplished by force
simple rape
known as second degree rape, rape committed without aggravated circumstances
battery
unwanted and unjustified offensive touching
assault
an attempt to commit battery or putting another in fear
stalking
intentionally scaring another by following tormenting or harassing
right of locomotion
the right to come and go without restraint
kidnapping
the taking and carrying away of another person with the intent to deprive the other person of person liberty
false imprisonment
depriving other of their personal liberty without the asportation requirement