Degrees of Murder Murder most foul … most foul, strange and unnatural. -William Shakespeare

Even though most are told that murder is bad, it is everywhere – reality, entertainment, etc. The unlawful killing of a human being with malice aforethought (intent or mens rea) Defined as an actual or implied intention to kill without provocation from the victim

Actual intent means the defendant consciously meant to cause another’s death Implied intent means the defendant either Meant to cause great bodily harm Should have known the act would result in great bodily harm or death Intent

If Barbara hates Michael, decides to kill him, and picks up a knife and does so, malice aforethought is present. This shows actual intent. If Barbara decides to hurt Michael badly and stabs him in the chest, causing his death, malice aforethought is present. This shows implied intent because she did not intend to kill him but to cause great bodily harm. Examples

If Barbara decides to scare Michael, pushes him in front of oncoming traffic at a street corner, and he dies as a result, is there malice aforethought? Yes, because she didn’t intend to kill or cause great bodily harm; however, she should have known her actions would most likely cause him to die or endure great bodily harm. This is implied intent.

Degrees Worst degrees called murder Lesser degrees called manslaughter First-degree Second-degree Felony murder Voluntary manslaughter Involuntary manslaughter Vehicular homicide

First-degree Deliberate – cool mind, capable of reflection Deliberate and premeditated with malice aforethought Deliberate – cool mind, capable of reflection Premeditated – offender thought of the murder before committing it Takes all three elements to establish specific intent First-degree

Second-degree Felony Murder Malice aforethought present, but there was not any deliberation or premeditation This is all murders that are not first-degree murders Felony Murder Killing occurs while another felony is taking place Becomes first-degree if occurs during a robbery, burglary, rape, or arson If committed during any other type of felony, it is a second-degree murder

Voluntary Manslaughter Intentional with malice aforethought Offender must Be seriously provoked by victim Act in anger, AND Not have had an opportunity to calm down Being provoked does not excuse the killing but it makes it a lesser degree (less than second-degree)

Involuntary Manslaughter Unintentional killing that occurs during a misdemeanor crime (DWI wreck) Can also be caused by criminal negligence Vehicular Homicide Occurs when a person is killed in a car accident when the driver is acting under criminal negligence (acting recklessly without caution)

If people die in each of these cases, is it fair that the punishments vary in degrees of harshness? Explain. A person tries to murder someone, but fails and no one is hurt. Another person accidentally kills someone (involuntary manslaughter). Which person should be punished more harshly? Why?

One day in gym class, Adam makes fun of the way Rick is shooting a basketball. Rick told him to shut up, or else he would take care of him. Adam made another comment, and Rick beat him up. Adam ended up with a broken nose and black eye. Adam decided to get even and took his father’s loaded pistol to school. He waited at Rick’s locker for an hour, but Rick never showed. Adam became impatient and checked the gun to make sure it was ready. The bell rang, and Adam accidentally fired. The bullet ricocheted off a locker and hit a student walking out of class. She was killed instantly.

Theft Larceny Grand theft Petty theft Burglary Embezzlement Robbery Armed robbery Embezzlement Fraud Extortion Receiving stolen property Theft

Grand theft – stealing property over a certain amount = felony Larceny – legal word for theft that means taking someone else’s property with no intent to return it Grand theft – stealing property over a certain amount = felony Petty theft – stealing property worth less than grand theft amount = misdemeanor Burglary – unlawful entry into building with intent to commit a crime (often theft) Old wording defined it as breaking into a home at night to steal How would that definition be problematic?

Under Texas theft / larceny law, offenders may receive charges varying from a "Class C" misdemeanor for the most minor of thefts, all the way up to a first degree felony for the most serious. "Class C" misdemeanor: $50 or less "Class B" misdemeanor: $50 or more, but less than $500 "Class A" misdemeanor: $500 or more, but less than $1,500 State jail felony: $1,500 or more, but less than $20,000 Third degree felony: $20,000 or more, but less than $100,000 Second degree felony: $100,000 or more, but less than $200,000 First degree felony: $200,000 or more Based on the amount or value of property stolen, the penalty will go up. Penalties may range anywhere from a fine of no more than $500 (for a "Class C" misdemeanor), up to 5 to 99 years in prison and/or a fine of no more than $10,000 for a first degree felony.

Robbery – crime against a person Taking of property by violence or threat of violence (forcible stealing) Armed robbery – using a dangerous weapon to take something from a person Pretending to have a weapon is armed robbery in most states More serious and higher penalty than robbery Larceny, burglary, and robbery are three main categories of theft

Embezzlement – people taking property you have entrusted them with Different because the person gained possession of the property by legal means > owner gave permission for them to have it, not to keep it Fraud – knowingly misrepresenting facts to get property from another Selling fake gold as real, presenting fake identification Often part of other crimes, such as forgery or writing bad checks

Receiving stolen property – illegal in all states Extortion – making a threat with the intent of getting property (usually money) from another Blackmail Length of time distinguishes between extortion and robbery; immediate threat = robbery while extended threat (in 3 days) = extortion Receiving stolen property – illegal in all states Occurs is recipient knows or should have known the property is stolen Filed off serial numbers = hint; Even if never told, law states that you should have known