Chapter 10 Powerpoint pt. 2 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 10 Powerpoint pt. 2 > Flashcards

Flashcards in Chapter 10 Powerpoint pt. 2 Deck (33)
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1
Q

True or False: Under common law, defendant was held liable for the life of an unborn child

A

False; At common law, defendant was not liable for the life of an unborn child unless, the child was born alive and with the capacity for independent existence.

2
Q

Most states hold a criminal liable for the life of an unborn child if the prosecution is able to prove (beyond a reasonable doubt) that the _____ is _____.

A

fetus

viable

3
Q

The ______ ______ ______ maintains the common law “_____ _____” rule in order to avoid a possible conflict between the law of abortion and the criminal law rule concerning the fetus.

A

Model Penal Code

“born alive”

4
Q

The Model Penal Code maintains the _______ ____ “born alive” rule in order to avoid a possible conflict between the law of abortion and the criminal law rule concerning the fetus.

A

common law

5
Q

The Model Penal Code maintains the common law “born alive” rule in order to avoid a possible conflict between the law of ________ and the criminal law rule concerning the _____.

A

abortion

fetus

6
Q

Most states have adopted a _____ _____ test for death.

A

brain death

7
Q

Some states still use the ____-____-_-___ rule for death.

A

year-and-a-day

8
Q

Most states will charge murder if the defendant’s actions were the _________ _____ of the victim’s death, mostly regardless of ________ ____.

A

proximate cause

elapsed time

9
Q

Brain death tests has been adopted by most states as an alternative to the _______ __________ __ ______ Act.

A

Uniform Determination of Death

10
Q

What is the Year and a Day rule?

A

a common law standard that provides that an individual is criminally responsible only for a death that occurs within one year of his or her criminal act

11
Q

What are the two requirements to depraved heart murder?

A

(1) conduct

(2) intent

12
Q

________ ______ ______ is an act that creates a very high degree of risk or bodily injury.

A

Depraved Heart Murder

13
Q

Depraved Heart Murder places at least one person in ______

A

danger

14
Q

Depraved Heart Murder is committed by an individual who knows, or reasonably should have known, of the ________ nature of his or her _____.

A

dangerous

acts

15
Q

Depraved heart murder= dangerous act creating a high risk of _____ + knowledge of danger created by act

A

death

16
Q

Depraved heart murder= dangerous act creating a high risk of death + knowledge of ______ created by ____

A

danger

act

17
Q

________ _____ ______= dangerous act creating a high risk of death + knowledge of danger created by act

A

Depraved heart murder

18
Q

First degree murder is a combination of ___________ and __________.

A

premeditation

deliberation

19
Q

True or False: Premeditation may be formed in the few seconds it takes to pull a trigger or deliver a fatal blow

A

True

20
Q

Capital and Aggravated First-Degree Murder are murders that are subject to the ______ _______ or ____ __________.

A

death penalty

life imprisonment

21
Q

What determines the presence of aggravating factors when it comes to capital and aggravated first-degree murder?

A

(1) Victim
(2) Offender
(3) Criminal act
(4) Felony Murder

22
Q

True or False: all states have a universal understanding of second degree murder

A

False; Different states have varying definitions.

23
Q

_________ ______ must outweigh any existing _________ ___________, when it comes to Capital and Aggravated First-Degree Murder.

A

Aggravating factors

mitigating circumstances

24
Q

When it comes to Depraved Heart Murder ______ is implied.

A

malice

25
Q

When it comes to ________ _____ ______ malice is implied.

A

Depraved Heart Murder

26
Q

______ ______- is a murder that occurs during the commission of a felony regardless of whether the killing is committed with deliberation and premeditation, intentionally, recklessly, or negligently

A

Felony Murder

27
Q

Why do we have the felony-murder rule?

A

(1) Deterrence
(2) Protection of Life
(3) Punishment
(4) Prosecution

28
Q

What are the theories of felony murder?

A

(1) agency theory

(2) proximate cause theory

29
Q

Which theory of felony murder is this: a felon is responsible for deaths committed by a felon or a co-felon, but not for deaths committed by someone acting as an adversary?

A

Agency Theory

30
Q

Which theory of felony murder is this: a felon is responsible for all foreseeable deaths during the commission of a dangerous felony?

A

Proximate Cause Theory

31
Q

The _____ _____ _____ limits the felony murder to killings that are recklessly committed during the course of certain felonies.

A

Model Penal Code

32
Q

The Model Penal Code limits the ______ murder to killings that are _________ committed during the course of certain felonies.

A

felony

recklessly

33
Q

________ _______ is a killing in which a business is held criminally responsible.

A

Corporate murder