Chapter 9- Crimes against the person

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Chapter 9- Crimes against the person
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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 states classifications according to the state
  of mind and circumstances of the killer

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• 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

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• 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

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• 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

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• Homework today
• 9.1