Common Law Murder vs Manslaughter - CRIM

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5 Terms

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Common Law Murder

intentional killing of another human being with malice aforethought; basically intent to kill, intent to cause great bodily harm; depraved heart (extreme recklesnness/negligence)

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Common Law Manslaughter

manslaughter = homicide that’s not charged as murder

Voluntary, Involuntary, and Felony murder

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Voluntary Manslaughter

intentional killing in heat of passion upon adequate provocation

EX: D walks in on spouse cheating and kills lover immediately

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Involuntary Manslaughter

unintentional killing resulting from criminal negligence or reckless act

EX: D plays with loaded gun “as joke” and accidentally kills friend

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Common Law Felony Murder

Death results during a felony or inherently dangerous unlawful act

EX: D commits arson; neighbor dies from smoke inhalation