Transcript Crimes Against the Person

Homicide
• The killing of one human
being by another
– Most serious of all acts
– Can be criminal or noncriminal
• Criminal Homicide:
– Murder = most serious form
of CH
• done with malice = intent to kill
or seriously harm OR
• acting in a reckless manner,
shows a lack of regard for human
life
– Historical Context: Used to
be no “degrees” of homicide;
all homicides with malice were
punishable by death
Homicide Statistics
Criminal Homicide Cont…
• First Degree Murder:
– premeditated, deliberate and
done with malice
– *premeditation and
deliberation can occur very
close to the time of the
homicide
• Second Degree Murder:
– done with malice
– No premeditation or
deliberation
– Intent to kill did not exist
until the moment of the
murder
– Intentional, but spontaneous
killing that is unplanned
• Euthanasia vs.
Assisted Suicide:
– What’s the
difference?
• Assisted Suicide
vs. Euthanasia
Physician Assisted Suicide
Laws
Criminal Homicide Cont…
• Felony Murder:
– occurs during commission of certain felonies (arson,
rape, robbery etc…)
– Not necessary to prove intent to kill (malice)
– Malice is assumed b/c murder was committed
during the felony…even if it was accidental
– *Most state consider felony murder to be firstdegree murder even though malice,
premeditation and deliberation do not need to
be proven
– The Case of Trevor Jones in Colorado, 17 Years
Old, Life W/O Parole
Criminal Homicide Cont…
• Voluntary Manslaughter:
– Killing that would be considered murder, but
victim did something to killer that would
cause a reasonable person to lose self-control
or act rashly (ex- catching spouse with another in a passionate manner)
– Killing must occur just after the being
provoked
• Killer cannot have an opportunity to “cool down”
– Punished somewhat less harshly due to the
“frailty of human character”
– Scott Roeder-Murder of Abortion Clinic Doctor
in Kansas
Criminal Homicide Cont…
• Involuntary Manslaughter:
– Unintentional Killing
– Results from conduct so reckless that it causes extreme death or
bodily injury
– Ex: playing with a gun that is known to be loaded
– Pharmacist Charged With Involuntary Manslaughter
• Negligent Homicide:
– Causing of death through criminal negligence
– Negligence = failure to exercise reasonable or ordinary amount
of care, causes harm to someone
– Most Common: Vehicular Homicide
– Some states classify “gross or extreme” negligence as involuntary
manslaughter
Noncriminal Homicide
• Killing that is justifiable or excusable
• Killer is deemed faultless
• Examples:
– Killing of an enemy soldier in wartime
– Killing condemned criminal by an executioner
– Killing by a police officer of a person who is
committing a serious crime (must pose threat
of death or serious harm/self-defense)
Suicide
• Deliberate taking of one’s own life.
– a plea for help
– Someone who helps can be found guilty of
murder or manslaughter.
• Every 15 minutes.
– 3rd leading cause of deaths among 10-24 yr.
olds.
Kidnapping
• Unlawful imprisonment, or abduction.
– Originally referred to stealing children.
• When taken across state lines, it’s a
federal crime.