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Homicide*

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Homicide*

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  1. Criminal homicide is the purposeful, knowing, reckless, or negligent killing of another person. If the killing of another person is done while carrying out a sentence of capital punishment (death penalty), is done in war, is done in self-defense, or is done because it is the only way to restrain or capture an escaping felon, it is homicide, but it is not a crime. Criminal homicide is divided into three categories: murder, voluntary manslaughter, and involuntary manslaughter. Murder is the most serious form of criminal homicide. Voluntary manslaughter is less serious than murder and more serious than involuntary manslaughter. Max has been sentenced to die by lethal injection. At the time that his sentence is to be carried out, Jay is the person who inserts the poison into Max’s arm, causing his death. Has Jay committed an act of homicide? Write two or three sentences for your answer.

  2. Homicide* *The killing of one human being by another

  3. Criminal Homicide • Killing done with malice • Having the intent to kill or seriously harm another person or acting in an extremely reckless manner

  4. First-Degree Murder • Killing that is premeditated, intentional, and done with malice. • Examples: • Sandy Hook Elementary Massacre • The assassination of John F. Kennedy • Typical sentence: • Life w/o parole • Death • 20-60 years in prison

  5. Felony Murder • Any killing that takes place during a felony, such as arson, rape, robbery, or burglary. • Usually charged as first-degree murder • Examples: • Burning a building down, not knowing people were inside • Lending your car to a bank robber, who kills a person during the bank robbery

  6. Second-Degree Murder • Killing done with malice, but without premeditation. • Death must be a distinct possibility. • Examples: • Shooting someone during an argument • A bar fight that results in death • Scott Peterson’s killing of his wife, unintentionally killing the unborn child

  7. Voluntary Manslaughter(“Heat of Passion”) • Killing that would otherwise be murder, but that occurs after the victim has done something to the killer that would cause a reasonable person to lose self-control. • Examples: • A wife killing her husband’s mistress after the husband confesses • Father killing his son’s abuser • Typical Sentence: Up to 13 years.

  8. Involuntary Manslaughter • Killing in which there is no intent to kill at all • Results from conduct so reckless that is causes extreme danger of death or bodily injury • Examples: • Playing with a gun and accidentally shooting & killing a friend • Killing the passenger of a car while traveling 70mph around a twisting mountain road • Typical Sentence: Up to 3 years

  9. Negligent Homicide • Causing death through criminal negligence • Negligence: failure to use reasonable care • Examples: • Vehicular homicide • Typical Sentence: Up to 4 years

  10. Noncriminal Homicide • Homicides that are “excusable” or “justifiable” • Killer is faultless • Examples: • Killing of an enemy soldier in war • An executioner putting a prisoner to death • Killing of a dangerous criminal by a police officer

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