Murder: Elements, Classifications, Defenses, and Social Context

All flashcards

Murder

Generally, an unlawful killing of another human being without valid justification or excuse, committed with the culpable mental state required by the relevant jurisdiction.

Homicide

The broad term for one person killing another; it does not by itself establish that a crime occurred.

Felony-murder rule

In some jurisdictions, a death during a qualifying dangerous felony may be treated as murder even without intent to kill.

Year-and-a-day rule

A historical rule barring a murder conviction when the victim died more than one year and one day after the attack.

Clearance rate

The share of reported crimes police classify as cleared under the applicable reporting rules; it is not the same as a conviction rate.

Quiz questions

1. When a jurisdiction recognizes a permissive inference from intentionally using a deadly weapon against someone, what may the fact-finder do?Answer: Infer intent to kill, while remaining free to reject that inference.
2. In some jurisdictions, what can make a killing during a felony subject to the felony-murder rule?Answer: The death occurred during a qualifying dangerous felony, even without intent to kill.
3. Which statement best describes premeditation as a basis for first-degree murder?Answer: It is one possible basis, and the required test varies by jurisdiction.
4. What does a police clearance rate generally measure?Answer: The share of reported crimes police consider cleared under reporting rules.
5. How do common law and statutory law generally contribute to criminal definitions in common-law jurisdictions?Answer: Statutes set out offenses, while judicial decisions interpret and develop legal rules.