SOCL 4461 Study Guide - Malice Aforethought, Feticide, Fetus
Document Summary
A fetus, some places it is considered a human being and in some places it is not: if the fetus is considered a human, then we have feticide laws. If someone kills someone with a baby and the feticide law applies, then the person can be charges with 2 counts of murder. 1st degree murder- pre meditation and malice aforethought/mens rea; criminal intent: meaning the person or offender knew that their actions would lead to the death of their victim. 2nd degree murder- not preplanned, only include malice aforethought; the intent was their but there was no evidence that there was malicious intent. Non negligent man slaughter (voluntary manslaughter; 3rd degree murder)- malice aforethought, but some serious provocation that diminished criminal responsibility; the court agrees that any given person would have acted the same way ex. Wife walks in on husband having an affair, that she picks up the gun and shoots and kill both her husband and lover.
