Crimes Against the Person There are 4 classifications with various levels

Homicide The killing of a human being by another Most serious of all acts Can be classified as either criminal or non-criminal criminal: committed with intent or by reckless actions of another noncriminal: excusable or justifiable killing- not subject to criminal charges

Criminal Homicide A killing that is done with malice - intent to kill or seriously harm another or acting in an extremely reckless manner which shows a lack of regard for human life At one time, there were no varying degrees to murder- murder was murder Today, most states have statutes that classify degrees according to the killer’s state of mind or the circumstances surrounding the murder

NOTE: All classifications will be defined in general, as to pertaining to all states, not Louisiana, in particular

First-degree Murder All killing that is premeditated (thought about before hand- planned out), deliberate, and done with malice An action with a specific intent to kill or cause severe bodily injury or with a depraved indifference to human life Courts have often found that the premeditation and deliberation can occur very close to the time of the homicide

Felony Murder Any killing that takes place during the commission of certain felonies (such as: arson, rape, robbery, burglary) Not necessary to prove intent Malice is presumed because the killing occurred during the commission of the felony, even if accidental Considered by some states as first degree murder

Second-degree Murder Killing that is done with malice but not with premeditation or deliberation the intent to kill did exist until the moment of the murder Includes intentional but spontaneous killings that are unplanned

Voluntary Manslaughter Murder that occurs after the victim has done something to the killer that would cause a reasonable person to lose self- control or to act rashly Killing must occur just after to provocation before the “cool down” Example: a parent realizes that his daughter has been raped and shoots the rapist

Involuntary Manslaughter A killing where there is no intent to kill at all Results from reckless conduct Example: playing Russian Roulette Sometimes states classify gross (extreme) negligence as

Negligent Homicide Causing death through criminal negligence -the failure to exercise a reasonable or ordinary amount of care in a particular situation, which causes harm to someone Example: “forgetting” to feed your helpless father for days

Noncriminal Homicide Homicides that are not considered crimes at all Killing is considered excusable or justifiable and the killer is deemed faultless Example: killing of an enemy soldier during war

Suicide The deliberate taking of one’s own life Was once considered a crime by all states; states that regard as a crime today, only prohibit attempted suicide Courts often treat as a plea for help and often require a person who attempted to undergo a psychological examination and treatment

One of the leading causes of death amongst teenagers The Centers for Disease Control and Prevention reported that in 2001: -19% of teens in high school reported seriously considering suicide -15% made a plan to commit suicide -9% actually attempted suicide -a high school aged student succeeds in killing themselves every 15 minutes

Most people have suicidal thoughts at some point in their lives; most never attempt Many can be helped by hotlines, medication, counseling Despairing individuals may need to talk to someone who can help them see positive alternatives to ending their lives

Help for teens considering suicides National Crisis Helpline: assists by locating the nearest crisis service: National Youth Crisis Hotline: provides guidance and supports to teens in crisis (suicide, pregnancy, gangs, runaways, eating disorders, abuse, and substance abuse: HIT-HOME ( ) or HOPE ( ) A directory for every state can be found at

Assisted suicide- someone who helps another to commit suicide, will often be charged with a degree of murder or manslaughter

Assault and Battery Assault is the attempt or threat to carry out a physical attack upon another Battery is the unlawful physical contact inflicted without consent -actual injury is NOT necessary -person must have intended to do bodily harm

Most states have varying degrees of assault and battery Assaults typically results from arguments between people who know each other where rage, often combined with alcohol or jealously, leads to violence Stalking occurs when a person repeatedly follows or harasses another and makes threats, causing the victim to fear death or injury

Sexual Assault Includes a wide range of victimizations from verbal threats of a sexual nature to unwanted sexual contact Can be an attack that is either completed or attempted Both men and women can become victims contrary to traditional belief Unwanted contact can include grabbing and/or fondling and does not have to include force

Rape Sexual intercourse without consent Becomes aggravated when a weapon is used or some other force is used Most serious form of sexual assault The perpetrator and the victim can be of the same sex No consent if the victim is unconscious, mentally incompetent, or if impaired by drugs or alcohol

Certain forms of sexual assault tend to have more severe punishments: when the victim is -under a certain age (under 12 in Louisiana) -over a certain age (over 65 in Louisiana) -disabled -threatened with a weapon Most states have rape shield laws (cannot present evidence of past sexual behavior)

Some states require independent proof that an act took place- confirmation or support of the story of the victim such as testimony of a witness, a dr’s report that says that sexual intercourse took place, or a prompt report to the police Trend of the states is to put the defendant on trial and not the victim, however, the law must also protect against punishing an accused person unless the victim clearly expresses a lack of consent

Statutory Rape intercourse between an adult and a minor (not in Louisiana) Lack of consent is not an element of the crime Law based on the notion that a minor is incapable of giving legal consent Can be prosecuted even if the “victim” lied about their age

Acquaintance Rape (Date Rape) a sexual assault by someone that is known by the victim: a date, neighbor, friend, relative Many go unreported -many victims do not believe that an attack that occurs on a date can constitute rape