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Chapter 9. Crimes Against the Person. Homicide. The killing of one human being by another. Criminal – committed with intent or a plan Negligent – a person’s reckless actions, without regard for human life, result in death.

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  • The killing of one human being by another.
    • Criminal – committed with intent or a plan
    • Negligent – a person’s reckless actions, without regard for human life, result in death.
    • 1st degree premeditated murder – thought about beforehand and done with malice
      • Someone clearly makes a plan
  • Degrees of murder were created to reflect the killer’s state of mind or circumstances surrounding the killing.
second degree murder
Second Degree Murder
  • Killing that is done with malice, but without premeditation or deliberation.
    • Includes intentional but spontaneous killings
voluntary manslaughter
Voluntary Manslaughter
  • Murder that occurs after the victim that has something to the killer that would justify a person to lose self control.
    • Someone kills another after learning they abused their child.
involuntary manslaughter
Involuntary Manslaughter
  • Killing in which there is no intent at all
    • EX. Playing with a gun known to be loaded
felony murder
Felony Murder
  • A murder that takes place during a felony.
    • Can be unintentional
noncriminal homicide
Noncriminal homicide
  • When the killer is deemed faultless
    • Killing of a soldier at war
    • Self-defense
    • Police in the line of duty
    • Not a crime
  • The failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someone.
  • Negligent Homicide – causing death through criminal negligence
assault and battery
Assault and Battery
  • Assault - Any attempt or threat to carry out a physical attack upon another person.
  • Battery - Unlawful physical contact upon another person without consent.
    • Difference is that assault can be a threat only.
    • Otherwise there is no real practical difference.
sexual assault and rape
Sexual Assault and Rape
  • Sexual Assault - Can include rape or attempted rape.
  • Rape – Sexual intercourse without consent
      • Can occur between husband and wife
  • Statutory Rape - Intercourse between an adult an a minor
    • Age of consent varies between states
    • The major difference between rape and statutory rape is that in statutory consent is not an element
acquaintance rape
Acquaintance Rape
  • Sexual assault by someone known to the victim.
    • Rape shield laws prohibit rape defendants from presenting evidence about a victim’s sexual history
  • A person repeatedly follows or harasses another person and makes threats causing the victim to be in fear.
  • The deliberate taking of one’s own life.
    • Not a crime and usually seen as a plea for help.
    • One of the leading causes of teenage death
    • It is a crime to help another person commit suicide.