Term
Where is the definition to murder found? |
|
Definition
Trick question... murder is a common law offense. |
|
|
Term
|
Definition
the unlawful killing of another person in the Queen’s peace. |
|
|
Term
Name 4 actus reus elements to murder |
|
Definition
1. Unlawful 2. Killing 3. Of another person 4. In the queens peace |
|
|
Term
name the 2 mens rea elements of murder |
|
Definition
Intention to cause death or GBH |
|
|
Term
2. Killing a. It must be shown that the D caused the death of the victim. b. It must be shown that the D accelerated the victim’s death by more than a negligible amount. See |
|
Definition
|
|
Term
• Voluntary intoxication may not be used as a defense to crimes of basic intent. See: |
|
Definition
|
|
Term
• There are 4 elements which a D must prove to be successful in a defense of diminished responsibility. name them |
|
Definition
1. He or she was suffering from an abnormality of mental functioning. 2. The abnormality of mental functioning was caused by a recognized medical condition. 3. As a result of the abnormality the D’s ability to understand the nature of his or her conduct was impaired. 4. The abnormality of mental functioning was a significant contributory factor in carrying out the D’s conduct. |
|
|
Term
• Make sure to include a comment in your LOC essay about how there is a limbo or dead zone for D’s who do not fit into the diminished responsibility camp and do not qualify for LOC. If they are prone to violence or have a short fuse. |
|
Definition
|
|