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Homicide types Involuntary manslaughter
voluntary manslaughter
felony murder
malice murder (express and implied)
involuntary manslaughter cause persons death without committing a felony (i.e. DUI, or
running a red light)
10 years
voluntary manslaughter crime of passion ( i.e ballroom brawl)
20 years
Felony Murder during the commission of a dangerous felony, someone dies (i.e. armed
robbery/ shooting clerk)
life sentence
Malice murder Express and implied
, BUSA 2106 Exam 3 Perry Binder With
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Malice murder is a criminal offence in the US state of Georgia, committed when a homicide is
done with express or implied malice
Express Malice premeditated taking of a life
Implied Malice cause person's death with a depraved abandoned heart (i.e. hitting a person
with a car and leaving them to bleed out and die instead of taking them to the hospital)
Self Defense when you or 3rd person face imminent death or substantial bodily harm, you
can use deadly force
defense of home ( or property) a justification defense by the defendant that s/he should not
be held liable because the action was taken in defense of the defendant's premises or personal
property. This defense is available, if one harms or threatens another when defending one's
property
DUI driving under the influence
, BUSA 2106 Exam 3 Perry Binder With
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4th Amendment It protects people from unlawful searches and seizures. This means that
the police can't search you or your house without a warrant or probable cause.
Terry V. Ohio laundromat -> reasonable suspicion -> stop and frisk
case relating to the 4th amendment
stop and frisk quick pat down for weapon
reasonable suspicion good hunch, less than probable cause.
if the police have reasonable suspicion of a crime they can stop you and do a quick pat down
warrant to search home police need probable cause, based on objective articulated facts
in exigent (emergency) circumstances -> no warrant needed
evidence in plain view if police are lawfully present, anything incriminating in plain view
can be used as evidence