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Crimes Against People

Crimes Against People. First Degree Murder. Mens rea- Intent to kill Premeditated, deliberate, and willful killing Malice aforethought Actus reus- causes death. Murder- Second Degree. Mens rea- intent to harm NOT premeditated Actus reus- oooops… causes death

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Crimes Against People

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  1. Crimes Against People

  2. First Degree Murder • Mens rea- Intent to kill • Premeditated, deliberate, and willful killing • Malice aforethought • Actus reus- causes death

  3. Murder- Second Degree • Mens rea- intent to harm • NOT premeditated • Actus reus- oooops… causes death • (Felony Murder- In MO, death during the commission of a dangerous felonyDepraved Heart- beyond reckless, not MO) http://www.youtube.com/watch?v=mootWqXeUbY http://www.youtube.com/watch?v=TAWww-48KE0

  4. Voluntary Manslaughter 1st Degree • In Missouri, like Second Degree Murder: • Mens rea- intent to harm • NOT premeditated • NO intent to kill, some one died anyway • Actus reus- a dangerous act • oooops… causes death • Horrible outcome of an action • BUT murder has been provoked • Heat of Passion killing/ temporary insanity • There was not enough time for a person to calm down

  5. Involuntary manslaughter 2nd Degree • Mens rea- NO intent to kill or harm • NOT premeditated, some one died anyway • Intent to commit act alone IN MISSOURI • Actus reus- a dangerous act that recklessly/ negligently causes death (deviation from a standard of care) • Horrible outcome of an action • Didn’t mean to do it, should have known better • Ex: public safety– Drunk Driving MVA

  6. Justifiable Homicide • Ex: Killing of a felon by a law enforcement officer in the line of duty • Ex: The killing of a felon by a private citizen • Self defense (with certain parameters!)

  7. Excusable Homicide • Insanity • Disability

  8. Assault • Mens rea- intent to injure • Actus reus- a physical attack on another person • attempt or threat of bodily harm

  9. Rape • Mens rea- intends intercourse • (premeditated?) • Actus reus- Sex without proper consent • This includes situations where the victim may be drunk, drugged, asleep, unconscious, or for any reason unable to say yes or no.

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