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HOMICIDE, Definition, Definition, Varies by degree, Involves - Coggle…

- - - - 1ST DEGREE
        
        Premeditated and deliberate.
      - 2ND DEGREE
        
        Intentional but not planned (spontaneous).
      - SENTENCE
        
        Life imprisonment (common law).
        Death penalty (in some jurisdictions).
    - - **Factual causation : for” the defendant’s act, would the victim have died?
      - Legal causation – was the act a significant cause of death?
    - - Actus reus : Causing death of another person.
        
        Failure to act when a legal duty exists (e.g., parent, doctor, lifeguard).
        Still counts as unlawful act if death results.
      - Mens rea: Intention to kill or cause grievous bodily harm.
  - - - -Loss of control (provocation or heat of passion)
      - -Diminished responsibility (mental illness or impaired judgment)
      - Suicide pact (helping someone die and dying together)
    - - Unlawful Act Manslaughter (Constructive Manslaughter)
        
        Intentional killing, but done in the heat of passion, under provocation, or under diminished responsibility ,so the law sees it as less blameworthy than murder.
        
        Features
        
        Intent: The person meant to kill or cause serious harm.
        
        Emotion or provocation:
        
        The act happened suddenly, without time to cool off.
        
        Loss of self-control: Due to intense emotion (anger, fear, betrayal).
        
        No premeditation: The person did not plan or think beforehand.
        
        Elements
        
        Killing was intentional.
        
        There was adequate provocation — something that would make a reasonable person lose control.
        
        Killing occurred suddenly — before regaining self-control.
        
        No cooling-off period — if too much time passed, it becomes murder again.
        
        sitauations
        
        A spouse finds their partner committing adultery and kills in rage.
        
        A person is physically attacked and reacts violently in the moment.
        
        Serious provocation (like insult or assault) causes loss of control.
      - Gross Negligence Manslaughter
        
        the person owes a duty of care to the victim
        
        Elements
        
        Existence of duty of care.
        
        Breach of that duty.
        
        Breach causes death.
        
        Negligence is “gross” (so bad it’s criminal).
        
        Examples
        
        Doctor gives wrong injection carelessly.
        
        Builder ignores safety rules, worker dies.