Term
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Definition
| the killing of a human being with malice |
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Term
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| 1. intent to unlawfully kill (specific intent) 2. intent to cause serious bodily injury unlawfully (specific intent) 3. depraved heart: extreme negligence manifesting in extreme indifference to human life (general intent) |
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Term
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Definition
| category constituting murder and manslaughter |
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Term
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Definition
| the killing of a human being without malice |
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Term
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Definition
| 1. planning 2. motive 3. manner of killing |
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Term
| two types of manslaughter |
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Definition
| 1. voluntary: intentional killing of a human being without malice 2. involuntary: unintentional killing of a human being without malice (reckless negligence) |
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| voluntary manslaughter instead of murder |
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Definition
| mitigating circumstances: 1. heat of passion or 2. excessive force |
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Term
| heat of passion has three elements and what standards? |
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Definition
| 1. must be in an intense emotional excitement prompting violence or aggression (subjective) 2. must be adequate provocation (objective). Enough to deprive reasonable person to act out of passion rather than reason. 3. no cooling off period (subjective and objective reasonable person standard) |
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Term
| Kansas definition of voluntary manslaughter? |
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Definition
| Knowing killing of a human being without malice. |
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Term
| Intentional homicide as no crime at all? |
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Definition
| Self defense, defense of others, crime prevention, mental disease, insanity defense. |
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| retreat if possible except when in your "castle" |
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Term
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Definition
| mental disease or defect (insanity) defense, intoxication defense. |
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Term
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Definition
| 1. defendant laboring under defect of reason from disease of the mind as not to know the nature and quality of the act he was doing. Cognitive incapacity, also known as insane delusion rung. 2. or if he did know it, he did not know that what he was doing was wrong. Moral incapacity, also known as wrongfulness prong. |
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| Cognitive incapacity/insane delusion |
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Definition
| labors under a delusion. Test: assume the delusion is real, then analyse the facts to see if the defendant committed a crime. |
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Term
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Definition
| looks at whether defendant could not control his or her acts because of mental illness. |
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Term
| Irresistible impulse defense |
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Definition
| overwhelming impulses urging actor to commit the acts. Rejected by most jurisdictions. |
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Term
| mens rea model for insanity defense |
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Definition
| (Kansas) defines it in terms of the decision to do a certain act and eliminates the concept of the appreciation of the wrongfulness of the act. Test: could he form intent to do the act regardless of whether it was wrong. |
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Term
| depraved heart malice, universal malice, implied malice, or negligence that manifests an extreme indifference to human life. |
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Definition
| A killing is murder if it is done through an act of extreme negligence. |
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Term
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Definition
| wickedness of disposition, hardness of heart, cruelty, recklessness of consequences or a mind regardless of social duty. |
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Term
| Involuntary manslaughter element: |
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Definition
| Reckless, not extreme recklessness, negligence |
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Term
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Definition
| mental plan to do that which is forbidden by the law. |
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