Chapter 10

5 Elements of Murder:

1. Actus rea/action towards killing

2. Mens rea/criminal intent

3. Causation 

4. Death 

5. Attendant circumstances 
   

What is the definition of murder? 

Murder is the unlawful killing of a human being with malice aforethought, meaning the killing was intentional.

What is the definition of manslaughter?

when someone unlawfully kills another person without planning or intending to kill them.

Excusable homicide:

unintentional killing of a person by mistake/accident 

Justifiable homicide:

blameless killing of a person with justifiable circumstances such as self defense or line of duty.

Criminal homicide:

unlawful killing of another with premeditation/criminal intent that is unjustifiable or excusable

Bifurcation process

• 2 step process/2 trials in states where there is a death penalty

• 1. Determination beyond a reasonable doubt/guilt or innocence 

• 2. To determine death penalty or LWOP

Aggravating circumstances: 

• circumstances that make the crime less serious and can lead to a lighter punishment.

Mitigating circumstances:

• circumstances that make the crime more serious and can lead to a harsher punishment.

voluntary manslaughter

• Killing someone on purpose, but in the heat of the moment or due to strong emotion that makes it less serious than murder.

Involuntary manslaughter: 

Killing someone by accident because of careless or reckless behavior, not because you meant to kill.

Malice aforethought: 

• The intent to kill or seriously harm someone, or acting with extreme disregard for human life. This is what makes a killing murder.