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Homicide Chart

Homicide Table: Intentional and Unintentional

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Marlene Milgram
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96 views1 page

Homicide Chart

Homicide Table: Intentional and Unintentional

Uploaded by

Marlene Milgram
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MURDER CHART: INTENTIONAL VERSUS UNINTENTIONAL KILLING INTENTIONAL K Firsi-degree | (with malice aforethough®) (tention conduct with intention Hl) ‘murder | Intentional iling with premeditation and deiberation—e., poisoning someone (without malice aforetRouaht (Conduct and resultntentional but excused due to the eumetances) An intentional king ofa human being in the heat of passion due to adequate provocation e.g, defendant nds witein bea with mother or defendants punched in thefaceby someone andi enraged, Bar Exam Tip: “mers ors Voluntary ‘manslaughter (orth malice aforethough) (Extreme recklesaness-o.,dofendant shoots his gun fn crowded room without intent ti {2)intentional infliction of great bodily harm and death results—eg., defendant cuts someone's legs off vrithout intent tok them but they de. (G)*Catchall” (defendant ie not guilty offirstdegree but cts with malice) eg, defendant shoots and Kills someone because he enraged after boing insulted by them Bar Exam Tip: oftentimes, this third category of second-degree murder looks ike voluntary manslaughter but the defendant isnot adequately provoked. (prthout malice aforethought) (either conduct nor result intentional) (Ailing due to gross negligence or recklessness—e.g, a parent does not take thelr extremely sick Infant tothe fee local cline and the infant dis; or Qhakiling during» misdemeanor or felony that docs not qualify for felony murder (with malice aforethought) Defendant coroits a felony and someone other than aco-elon dies. The death can occur during the commission of tho felony, the attempt to comritit or the ight from it + The felony must be inherently dangerous—eg. robbery, arson, rape, kidnapping, burglary. + There must be causation; Under the agency theory, a defendant or his agent (co-felon) must eause the oath. Under the proximate eause theory, the felon liable so long ashe “sets in motion” the ats that maze the death. Involuntary or misdemeanor manslaughter

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