Submitted by: Submitted by karenvol
Views: 352
Words: 1097
Pages: 5
Category: Other Topics
Date Submitted: 05/20/2013 07:33 PM
Bulletin Board Assignment # 3
Module 16
EJD Student ID#
RULE STATEMENT Exercise 3
Criminal Law
1. Murder- For Murder to occur the unlawful killing of another human being without justification or excuse (Homicide committed with malice).
2. Malice Required for Murder- For Malice Required for murder to occur 1) the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. 2) A general evil and depraved state of mine in which the person is unconcerned for the lives of others.
3. Deadly-Weapon Doctrine- For Deadly Weapon Doctrine to exist An inference of intent to kill is raised through the intentional use of a deadly weapon in a lethal manner and the victims dies as a result ( if negating facts, may not infer intent to kill)
4. Depraved Heart- For Depraved Heart murder to occur there must be killing that result from gross negligence
5. First Degree Murder- For First Degree Murder to occur a killing which deliberate and premeditated ( planned ,after lying in wait by poison or as part of a scheme) in conjunction with felonies such as rape, burglary, arson ,involving multiple deaths, the killing of certain types of people such as a child, a police officer, a prison guard, a fellow prisoner or with certain weapons, particularly a gun. It is distinguished from second degree murder in which premeditation is usually absent from manslaughter which lacks premeditation and suggests that at most there was intent to harm rather than to kill.
6. Deliberation- For Deliberation to exist Contemplates the killing with a cool mind, considers all alternatives and proceeds with the killing in cold blood (meaningful thought)
7. Voluntary Manslaughter- For Voluntary Manslaughter to occur the unjustifiable, inexcusable and intentional killing of a human being without deliberation which may be involuntary in the commission of a lawful act without due caution and...