Chapter 9- Crimes against the person

1. Chapter 9- Crimes against the person

2. Homicide • The killing of one human being by another – criminal and non-criminal in nature • Most serious criminal homicide = murder • Killing with malice (intent to kill or seriously harm or acting in an extremely reckless manner – no regard for human life) • Reduction of murder charges are now done because of state’s classifications according to the state of mind and circumstances of the killer

3. First Degree: • Killing is premeditated, deliberate, done with malice • Felony murder: • Killing that takes place during a commission of certain felonies (arson, rape, robbery, etc…) • No intent to kill needed. Malice was present because it occurred during the felony • Most considered first degree murder

4. Second Degree: • Done with malice • Without premeditation or deliberation • Intent was not there until the moment of the murder (unplanned spontaneous) • Voluntary manslaughter: • Victim does something to the killer that would cause a reasonable person to lose self-control • Must occur after the provocation so there is no “cool down” period • Ex. Rage of cheating spouse, crime against children or family members • Punished less severely because of the concession to the frailty of the human character

5. Involuntary manslaughter: • Unintentional killing resulting from reckless conduct (driving drunk, playing with a loaded gun) • Negligent homicide: • Causing death through criminal negligence • Failure to exercise reasonable care • Some state consider this involuntary manslaughter • Vehicular is the most common (careless driving) • Usually the above is punishable is a civil suit and not considered a criminal act unless the death results from gross negligence

6. Homework today: • 9.1