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Crimes Against the Person

Chapter 9. Crimes Against the Person. Homicide. The killing of one human being by another. Criminal – committed with intent or a plan Negligent – a person’s reckless actions, without regard for human life, result in death.

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Crimes Against the Person

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  1. Chapter 9 Crimes Against the Person

  2. Homicide • The killing of one human being by another. • Criminal – committed with intent or a plan • Negligent – a person’s reckless actions, without regard for human life, result in death. • 1st degree premeditated murder – thought about beforehand and done with malice • Someone clearly makes a plan • Degrees of murder were created to reflect the killer’s state of mind or circumstances surrounding the killing.

  3. Second Degree Murder • Killing that is done with malice, but without premeditation or deliberation. • Includes intentional but spontaneous killings

  4. Voluntary Manslaughter • Murder that occurs after the victim that has something to the killer that would justify a person to lose self control. • Someone kills another after learning they abused their child.

  5. Involuntary Manslaughter • Killing in which there is no intent at all • EX. Playing with a gun known to be loaded

  6. Felony Murder • A murder that takes place during a felony. • Can be unintentional

  7. Noncriminal homicide • When the killer is deemed faultless • Killing of a soldier at war • Self-defense • Police in the line of duty • Not a crime

  8. Negligence • The failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someone. • Negligent Homicide – causing death through criminal negligence

  9. Assault and Battery • Assault - Any attempt or threat to carry out a physical attack upon another person. • Battery - Unlawful physical contact upon another person without consent. • Difference is that assault can be a threat only. • Otherwise there is no real practical difference.

  10. Sexual Assault and Rape • Sexual Assault - Can include rape or attempted rape. • Rape – Sexual intercourse without consent • Can occur between husband and wife • Statutory Rape - Intercourse between an adult an a minor • Age of consent varies between states • The major difference between rape and statutory rape is that in statutory consent is not an element

  11. Acquaintance Rape • Sexual assault by someone known to the victim. • Rape shield laws prohibit rape defendants from presenting evidence about a victim’s sexual history

  12. Stalking • A person repeatedly follows or harasses another person and makes threats causing the victim to be in fear.

  13. Suicide • The deliberate taking of one’s own life. • Not a crime and usually seen as a plea for help. • One of the leading causes of teenage death • It is a crime to help another person commit suicide.

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