Transcript Crimes Against the Person - Doral Academy High School

Crimes Against the Person
Personal Crimes
• Crimes against the person include: Homicide,
assault, battery, and rape.
Homicide
• Homicide is the killing of one human being by
another.
• Murder is the unlawful killing of one human
being by another
– Criminal Homicide is committed with intent, or a plan.
• Its is also considered Criminal Homicide
(Murder)if a person’s reckless actions, without
regard for human life, results in the killing of
another person.
Homicide Cont.…
• Non-Criminal homicide can be classified as
either “excusable” or “justifiable” and is not
subject to criminal charges
Criminal Homicide
• Murder is the most serious form of criminal
homicide.
• Murder is classified according to the killers state
of mind or the circumstances surrounding the
crime:
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1st degree Murder
Felony Murder
2nd Degree Murder
Voluntary Manslaughter
Involuntary Manslaughter
Negligent Homicide
First Degree Murder
• Killing that is premeditated deliberate and
done with malice
– Malice means having the intent to kill or seriously
harm another person or acting in an extremely
reckless manner which shows a lack of regard for
human life.
• Premeditation and deliberation can occur very
close to the time of the homicide
Felony Murder
• Any killing that takes place during the course
of committing another felony; such as:
– Rape, robbery, or burglary
• Even if the killing was accidental, the malice from
the felony will be transferred to the killing
• Most states consider felony murder to be first
degree murder
Second Degree Murder
• Killing done with malice but without
premeditation
• Second degree murder includes intentional
but spontaneous killings that are unplanned
Voluntary Manslaughter
• Provoked Killing
• The killing must occur just after the
provocation so that the killer did not have an
opportunity to “cool down”
– Example: A person kills the spouse’s lover over a
jealous rage.
Involuntary Manslaughter
• Killing with no intent to kill at all
• Unintentional killing resulting from conduct so
reckless that it caused extreme danger of
death or seriously bodily harm.
– Example: Playing with a loaded gun
Negligent Homicide
• Causing death through criminal negligence.
• Negligence is the failure to exercise a
reasonable or ordinary amount of care in a
situation, thereby causing harm to someone.
• The most common form of negligent homicide
is vehicular homicide.
Noncriminal Homicide
• Some homicides are not considered crimes at
all.
• Noncriminal homicide are killings that are
justifiable or excusable.
– Example: Killing and enemy soldier at war, criminal
executions, killing in self –defense or in the
defense of others
Suicide
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The deliberate taking of ones life.
State regard attempted suicide as a crime.
Courts often treat suicide as a cry for help.
Assisted suicide is unlawful and the person may
be charged with murder or manslaughter
• Suicide is one of the leading causes of death
amongst teens.
• The CDC reported that on average, a high school
student succeeds in killing himself or herself
every 15mins
Assault and Battery
• Assault is any attempt or threat to carry out a
physical attack upon another person.
• Battery is any unlawful physical contact
inflicted by one person upon another without
consent.
Assault and Battery Continued
• Simple assault is the most common form of
assault; usually including pushing and shoving.
• Aggravated assault is where medical
assistance in needed.
• Many states classify fist fights where no
medical assistance is needed as battery.
Rape
• Rape is defined as sexual intercourse without
Consent
• Forcible rape is rape done without consent
and by force
• Statutory Rape is rape done without consent
but not necessarily by force
Rape Continued
• Most rape is committed by an acquaintance
• Rape is the most under reported personal
crime
• Victims of rape state embracement, fear and
not wanting t o revile their sexual history a
reasons why they were reluctant to report
being raped