What do you think is the “worst” crime you can commit??? obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Homicide - Definition The killing of one human being by another human being. Duh…. obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Criminal Intent A determination to perform a particular act or to act in a particular manner for a specific reason Intent is a mental attitude with which an individual acts Intent refers only to the state of mind with which the act is done or comitted. It differs from motive, which is what prompts a person to act or to fail to act. obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

First Degree Murder In most states, first-degree murder is defined as an unlawful killing that is:  1. voluntary  2. premeditated  3. Intentional obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Second Degree Murder Second-degree murder is ordinarily defined as  Adequate provocation w/out reasonable time  Voluntary  Intentional obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Differentiating between the two any intentional, unlawful killing done without justification or excuse is considered second-degree murder. Second-degree murder can be upgraded to first-degree murder, a more serious offense than second-degree murder, if the murder was accomplished with an aggravating or special circumstance. An aggravating or special circumstance is something that makes the crime especially heinous or somehow worthy of extra punishment. obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Manslaughter If a murder does not qualify by statute for first-degree murder, it is charged as second-degree murder. A second-degree murder may be downgraded to Manslaughter if mitigating factors were involved in the killing, such as adequate provocation by the victim, or the absence of intent or recklessness on the part of the defendant. The Key Phase is: “NO INTENT” obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Felony Homicide Under the felony murder doctrine, a person who attempts or commits a specified felony may be held responsible for a death caused by an accomplice in the commission of the felony;  an attempt to commit the felony  flight from the felony or attempted felony. The felonies that most commonly give rise to a felony murder charge are murder, rape, robbery, Burglary, Kidnapping, and Arson obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Types of Manslaughter Voluntary Involuntary Vehicular obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Voluntary Manslaughter Provocation consists of the reasons for which one person kills another. "Adequate" or "reasonable" provocation is what makes the difference between voluntary manslaughter and murder. “provocation is said to be adequate if it would cause a reasonable person to lose self-control”  Example: if a man were to come home and find his wife in bed with another person and kill both of them in a jealous rage, this might be considered adequate provocation and thus voluntary manslaughter. obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Involuntary Manslaughter In order for a person to be found guilty of involuntary manslaughter the government must prove that someone was killed as a result of an act by the person Second, in the circumstances existing at the time, the person's act either was by its nature dangerous to human life or was done with reckless disregard for human life Third, the person either knew that such conduct was a threat to the lives of others or knew of circumstances that would reasonably cause the person to foresee that such conduct might be a threat to the lives of others. obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Vehicular Manslaughter causing the death of a human being due to illegal driving of an automobile, including:  drunk driving  reckless driving  Speeding Vehicular manslaughter can be charged as a misdemeanor or a felony depending on the circumstances. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if due to illegal driving. obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Evidence to Convict Direct Evidence - supports the truth of an assertion (in criminal law, an assertion of guilt or of innocence) directly, i.e., without an intervening inference Example: a witness who testifies that he saw the defendant shoot the victim gives direct evidence obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Evidence to Convict Circumstantial Evidence - directly supports the truth of evidence, from which the truth of the assertion may be inferred. Example: A forensics expert who says that ballistics proves that the defendant’s gun shot the bullet that killed the victim gives circumstantial evidence, from which guilt may be inferred. obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Other Types of Homicide Aborticide – the act of killing a fetus in the womb Aborticide Familicide - is a multiple-victim homicide where a killer's spouse and children are slain. Familicide Female Feticide – the act of killing a fetus on the grounds the sex is female. Feticide (also foeticide) - the act of killing a fetus in the uterus or causing an abortion. Feticide Filicide – the act of a parent killing his or her son or daughter. Fratricide – the act of killing a brother, also in military context death by friendly fire Fratricide Geronticide – the abandonment of the elderly to die, commit suicide or be killed. See also Senicide. Geronticide Honor-Killing – the act of killing a family member who has or has perceived to have brought disgrace to the family Honor-Killing Infanticide – the act of killing an infant soon after its birth. Infanticide Mariticide - the act of killing one's spouse, especially the murder of a husband by his wife. Mariticide Matricide – the act of killing one's mother. Matricide Parricide – ( also Parenticide ) the killing of one's mother or father or other close relative. Parricide Patricide – the act of killing of one's father. Patricide Prolicide – the act of killing one's own children. Prolicide Senicide – the killing of one's elderly family members when they can no longer work or become a burden. Senicide Sororicide – the act of killing one's sister. Sororicide Uxoricide – the act of killing one's wife Uxoricide obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Killing of Others Amicicide – the act of killing a friend. Amicicide Androcide - the systematic killing of men. Androcide Capital Punishment – the killing of a human being for odious crimes. Capital Punishment Ecocide - the destruction of the natural environment by such activity as war, overexploitation of resources, or pollution Ecocide Euthanasia (also Mercy Killing) – the killing of a human for compassionate reasons i.e. significant injury or disease. Euthanasia Femicide – the systematic killing of women Femicide Gendercide - the systematic killing of members of a specific sex, either males or females Gendercide Genocide – the systematic extermination of an entire national, racial, religious, or ethnic group. Genocide Gynecide (also Gynaecide or Gynocide ) – the systematic killing of woman Gynecide Homicide – the act of killing of a man Homicide Human sacrifice – the killing of a human for religious reasons Human sacrifice Omnicide – the act of killing all humans, to create intentional extinction of the human species. Omnicide Populicide – the slaughter of the people. Populicide Xenocide – the act of killing an entire alien species Xenocide obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

Punishments in Jersey obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

TEXAS and NY!!! obj: to gain a better understanding of the elements and to differentiate varying degrees of murder

CALI!!!!! obj: to gain a better understanding of the elements and to differentiate varying degrees of murder