MURDER VS MANSLAUGHTER Forensics 7.3- November 18, 2013

Objectives: SWBAT  Review and debrief: CASE STUDY  Review Freakonomics: Assignment 1  Examine the distinction between Murder and Manslaughter

Murder  The willful killing of another person  First-Degree  Second-Degree  Felony Murder The act of committing a murder while in the commission of another crime

Second-Degree Murder malice aforethought premeditation  Unlawful homicide lacking malice aforethought and premeditation  Unintentional homicide  But not manslaughter depraved mind and heart  Having a depraved mind and heart

Depraved mind or heart  From South Dakota  “…when perpetrated by an act imminently dangerous to others and evincing a depraved mind, regardless of human life, but without premeditation for…death of a particular individual…”  Translation: Shooting a firearm into a crowd or full car Shaking an infant

Second-Degree Convictions in practice jury pardon  Convictions for second-degree often reflect a jury pardon   The defendant is on trial for FD-Murder  The jury determines the state has not proven FD well enough  The jury will sometimes return a verdict of Second- degree Murder This is always a non-capital crime (no death penalty) The act was there, but not the specific intent

Manslaughter  The unlawful killing of another without malice  Some states have manslaughter in degrees like murder  Voluntary vs Involuntary  A matter of circumstances  Provocation Crimes of passion Words alone can not provoke A series of instances might

Manslaughter  A question of neglect  If an unsupervised child dies while they are left home alone, the parent of that child may be guilty of manslaughter  Vehicular Manslaughter  Operating a vehicle with a wanton disregard for the safety of others

CW: Manslaughter or Murder  Consider the examples  Are the manslaughter or murder?  Explain why

SEXUAL CRIMES Forensics 7.4- November 18, 2013

Objectives: SWBAT  Identify the key indicators of sexual crimes  Evaluate the evolution of sex crimes over time

Rape and Sexual Battery  Traditionally sexual crimes revolve around the idea of carnal knowledge of a female against her will  Sexual intercourse  Common-law rape/ forcible rape  Statutory rape An adult having sex with a minor more than (x) years younger regardless of consent  Marital exception Until recently convicting a husband for raping his wife was considered

Rape and Sexual Battery  Modern interpretations  Two major factors: force and consent  Courts struggle with how to define these two conditions  Statutory rape has been easier to define  It is based on age alone and consent is taken out of the equation  Statutory rape laws are mostly gender-neutral

 Assume that all that is happening is “traditional” heterosexual intercourse – can a man be raped?

Modern American Reforms  Starting in the 1970’s rape laws have gone under multiple reform  Led mostly by women’s groups  Today rape law is typically gender neutral  Offender and victim may be of either sex  Falls under the broader term of sexual battery  Rape Shield Laws  No longer can a victim’s prior sexual history be used to discredit their claim

Contemporary Statutes  Any for of sexual contact is considered  Sexual contact can be described as the “intimate touching” of a victim’s intimate parts  For the purpose of sexual gratification/ arousal  In most states it is automatically a crime if  The person is under 13  Incest  Teacher/ student

The Burden of the State  The state must prove corpus delicti  A crime has taken place  It is usually easy to prove that sexual contact has taken place, but proving the consent aspect is more difficult This is where forensic science plays a very important part Maintaining evidence, quick/ timely photos Can be further traumatizing  There is usually a lack of third-party testimony  Quick complaint theory