CRJU 310A Lecture Notes - Lecture 8: Homicide, Actus Reus, Unlawful Killing
Document Summary
Five components of murder: mind, act, concurrence, concurrence must cause the result, causation, result. Murder & manslaughter: every murder is a homicide, every manslaughter is a homicide, not every homicide is a murder or manslaughter. Murder: dr. kevorkian assisted suicide went to prison, historically, breathing & heartbeat stop, modern view = brain death, end of life considered brain dead. 1st degree murder ****: premeditated & deliberate, felony murder (usually specified serious felonies, atrocious, heinous, means (torture, special victim, lying in wait) State v snowden first degree murder because of willful, deliberate, and premeditated implied malice: affirmed on murder of the first because of willful, deliberate, and premeditated. Thomas: beat to death by a rubber hose no implied malice but the great bodily harm is sufficient to establish implied malice. Premeditated & deliberate: premeditated, planned in advance (how far?, deliberate, done w/ cool reflecting mind, weigh the reasons for and against.
