chapter 9 crimes against the person
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Chapter 9- Crimes against the person. Homicide. The killing of one human being by another – criminal and non-criminal in nature Most serious criminal homicide = murder Killing with malice (intent to kill or seriously harm or acting in an extremely reckless manner – no regard for human life)

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homicide
Homicide
  • The killing of one human being by another – criminal and non-criminal in nature
  • Most serious criminal homicide = murder
  • Killing with malice (intent to kill or seriously harm or acting in an extremely reckless manner – no regard for human life)
  • Reduction of murder charges are now done because of state’s classifications according to the state of mind and circumstances of the killer
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First Degree:
    • Killing is premeditated, deliberate, done with malice
  • Felony murder:
    • Killing that takes place during a commission of certain felonies (arson, rape, robbery, etc…)
    • No intent to kill needed. Malice was present because it occurred during the felony
    • Most considered first degree murder
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Second Degree:
    • Done with malice
    • Without premeditation or deliberation
    • Intent was not there until the moment of the murder (unplanned spontaneous)
  • Voluntary manslaughter:
    • Victim does something to the killer that would cause a reasonable person to lose self-control
    • Must occur after the provocation so there is no “cool down” period
    • Ex. Rage of cheating spouse, crime against children or family members
    • Punished less severely because of the concession to the frailty of the human character
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Involuntary manslaughter:
    • Unintentional killing resulting from reckless conduct (driving drunk, playing with a loaded gun)
  • Negligent homicide:
    • Causing death through criminal negligence
    • Failure to exercise reasonable care
    • Some state consider this involuntary manslaughter
    • Vehicular is the most common (careless driving)
    • Usually the above is punishable is a civil suit and not considered a criminal act unless the death results from gross negligence
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