Criminal Charges

1. Criminal Charges

2. 1st degree murder • Murder that is premeditated and willful • It is planned • Intent to murder can be shown • Purposely • Unjustifiable killing • Malice aforethought

3. 1st example Plot to kill husband Wait for his return home shoot him in kitchen Break lock at kitchen door Ransack the house to look like robbery Leave without incident to return later

4. 2nd degree murder • Murder without premeditation • Recklessly accidental • Responsible for death due to actions • In heat of argument • Perceived defense • ‘Crime of passion’

5. 2nd • Argument among group of people • One punches another • The first person takes out a knife • Second takes out a knife • A knife fight ends in one stabbed and dead • NO premeditated intent to kill

6. Manslaughter:unlawful killing without malice • ‘resulting from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not amounting to a felony, or from the commission of a lawful act involving a risk of injury or death that is done in an unlawful, reckless, or grossly negligent manner ‘ • Taken from FINDLAW legal dictionary online

7. Voluntary Manslaughter • Voluntary; responsible in part for act of death; negligent, driving drunk • Example: fight – a person falls from a blow by or shove and dies • Driving too fast.. Kill a pedestrian

8. Involuntary Manslaughter • Involuntary; less negligent but death occurs • Commission of cause but may be accidental • Examples; driving at speed limit – a person darts out and is killed • Leave child playing and child leans out open window and falls through screen and dies

9. *Variations of Manslaughter Charges • Vary greatly from state to state and in differing jurisdictions • Some cases that are murder cases are plead to manslaughter cases for conviction • Some accidental deaths are NOT cause for manslaughter charges to be incurred

10. FBI • Federal Bureau of Investigation, National law enforcement agency • Serial murder, kidnapping under auspices since 1930’s • Started with Lindbergh kidnapping • Perpetrators cross jurisdictional lines/state lines • Will cooperate and assist local/state law enf to apprehend SK

11. Insanity A legal term which means; • A person is unaware or unable to understand what they have done/ what actions may have caused a legal issue to arise and /or with what they are charged legally • A person is unable to aid in their own defense

12. Capital Murder • Death penalty legal in 33 states including military and gov’t • Not legal in NJ -17 states do not have including Wash D.C. • Person charged with murder with prosecutor’s intent or no intent to seek death penalty prior to trial • Jury decides on dp if jury trial (or judge) • LAW provides dp or removes from books-can change with will of people and legislative votes • http://www.deathpenaltyinfo.org/states-and-without-death-penalty

13. Neurosis (rarely used today) • refers to a person with emotional upsets, excessive anxiety, unhealthy responses to stressful stimuli, such as moodiness, jealousy, anger, guilt and depression

14. Psychosis • refers to an abnormal condition of the mind, and is a generic psychiatric term for a mental state often described as involving a "loss of contact with reality". People suffering from psychosis are described as psychotic.

15. Psychosis is given to the more severe forms of psychiatric disorder, during which hallucinations and delusions and impaired insight may occur.[2] From wikipediaGelder, Michael (2005). "Psychiatry", P. 12. Oxford University Press Inc., New York. ISBN 978-0-19-852863