Chapter 9: Crimes Against the Person

1. Chapter 9: Crimes Against the Person

2. Homicide • Def: The killing of one human being by another • Can be criminal or noncriminal • Criminal homicide • Murder killing that is done with the intent to kill or seriously harm or acting in an extremely reckless manner which shows a lick of regard for human life (Malice) • Most serious form of criminal homicide

3. Degrees of Murder • Many states now have statues that classify murder according to the killer’s state of mind or the circumstances surrounding the crime • First-degree murder: killing that is premeditated (thought out beforehand), deliberate, and done with malice • Felony murder: any killing that takes place during the commission of certain felonies, such as arson, rape, robbery or burglary. • Not necessary to prove intent to kill; malice is presumed even if it was an accident • Most states consider felony murder as 1st-degree murder but malice, premeditation, and deliberation need not be prove.

4. Degrees of Murder (cont.) • Second-degree murder: killing that is done with malice, but without premeditation or deliberation. • AKA the intent to kill did not exist until the moment of the murder • Includes intentional but spontaneous killings that are unplanned. • Voluntary manslaughter: 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 or act rashly

5. Degrees of Murder (cont.) • Involuntary manslaughter: unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury. • Negligent homicide: causing of death through negligence • Negligence: failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to someone. • Most common formvehicular manslaughter

6. Noncriminal Homicide • Def: A killing that is justifiable or excusable and for which the killer is deemed faultless • Examples: • Killing of an enemy soldier in wartime • Killing of a condemned criminal by an executioner • Killing by a police officer of a person who is committing a serious crime and who poses a threat of death or serious harm • Killing performed in self-defense or in defense of another

7. Suicide • Def: deliberate taking of one’s own life. • Courts often treat suicide as a plea for help • Require the person to undergo a psychological examination and receive treatment • Anyone who helps another person commit suicide can be found guilty of murder or manslaughter • One of the leading causes of death among teenagers • At least 6,000 teens take their lives each year • The elderly commit more suicides than any other age group

8. Assault and Battery • Assault: any attempt or threat to carry out a physical attack upon another person • Typically result from arguments between people who knew each other • Battery: Any unlawful physical contact inflicted by one person upon another without consent. • Please note that actual injury is not necessary but the person must have intended to do bodily harm. • There are different classifications of assault and battery such as aggravated battery.

9. Assault and Battery (cont.) • Stalking: when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury. • Women are the targets of most stalking cases.

10. Rape • Two types: • Forcible rape: the act of unlawful sexual intercourse committed by a man with a woman by force and without her consent. • Statutory rape: sexual intercourse by a male with a female who has not yet reached the legal age of consent. • Does not matter if the under age person consented or not. • Most states you must be at least 16 years old for consent • No consent if it was done by force or threats of bodily harm; if you are unconscious; mentally incompetent; or judgment was impaired by drugs or alcohol.

11. Rape (cont.) • Acquaintance (date) rape: describes a sexual assault by someone know to the victim (date, steady boyfriend, neighbor, or friend). • Often the victim does not report it • How to protect yourself • Try to get as much info. on the person who you are dating if you don’t know them that well and meet in a public place • Be sure to let your date know your limits in advance. • Be prepared to find your own transportation home. • Always take separate cars with a person you don’t know very well. • Don’t get high on drugs or alcohol.

12. Is it rape? Assume 1) the man and the woman have sexual intercourse, 2) the woman later reports the activity to the police, and 3) the man contends that the woman consented. • Scott and Sherri are college juniors who have had three dates. On these dates, they have never engaged in any sexual activity beyond a brief good-night kiss. On their fourth date, he invites her to an all-night drinking party at his fraternity house. She drinks too much, goes up to his room alone around 1 a.m., and falls asleep. In the morning, she wakes up to discover that they had intercourse during the night. • Jim, a 25-year-old high school teacher, becomes a very good friend with Lori, age 17, a student in one of his classes. On their senior class trip to the state capital, she knocks on his hotel room door late at night, and they have sexual intercourse.

13. Rape (cont.) • What if it happens to you or a friend? • Call the police it can be hard to prosecute the person if it is not reported immediately • Don’t shower or bathe before going to the hospital. • Don’t destroy any clothing you were wearing because this is evidence. • Tell an adult you trust (parent, school counselor, family doctor, etc.) • Consider calling your local rape hotline or rape crisis center • Seek counseling; don’t bury your emotions