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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Chapter 9- Crimes against the person

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Chapter 9 crimes against the person

Chapter 9- Crimes against the person


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


Chapter 9 crimes against the person

  • 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


Chapter 9 crimes against the person

  • 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


Chapter 9 crimes against the person

  • 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


Chapter 9 crimes against the person

  • Homework today:

    • 9.1


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