Crimes Against People
First Degree Murder Mens rea- Intent to kill Actus reus- causes death Premeditated, deliberate, and willful killing Malice aforethought Actus reus- causes death
Murder- Second Degree Mens rea- intent to harm NOT premeditated Actus reus- oooops… causes death (Felony Murder- In MO, death during the commission of a dangerous felony Depraved Heart- beyond reckless, not MO) http://www.youtube.com/watch?v=mootWqXeUbY http://www.youtube.com/watch?v=TAWww-48KE0
Voluntary Manslaughter 1st Degree In Missouri, like Second Degree Murder: Mens rea- intent to harm NOT premeditated NO intent to kill, some one died anyway Actus reus- a dangerous act oooops… causes death Horrible outcome of an action BUT murder has been provoked Heat of Passion killing/ temporary insanity There was not enough time for a person to calm down
Involuntary manslaughter 2nd Degree Mens rea- NO intent to kill or harm NOT premeditated, some one died anyway Intent to commit act alone IN MISSOURI Actus reus- a dangerous act that recklessly/ negligently causes death (deviation from a standard of care) Horrible outcome of an action Didn’t mean to do it, should have known better Ex: public safety– Drunk Driving MVA
Justifiable Homicide Ex: Killing of a felon by a law enforcement officer in the line of duty Ex: The killing of a felon by a private citizen Self defense (with certain parameters!)
Excusable Homicide Insanity Disability
Assault Mens rea- intent to injure Actus reus- a physical attack on another person attempt or threat of bodily harm
Rape Mens rea- intends intercourse (premeditated?) Actus reus- Sex without proper consent This includes situations where the victim may be drunk, drugged, asleep, unconscious, or for any reason unable to say yes or no.