Practical Law – Chapter 9 Crimes Against Person

Homicide is the killing of one human being by another. Homicides may be criminal or non-criminal. I.Criminal Homicide: A. The most serious criminal homicide is murder, which means that a killing is done with malice (the intent to kill or seriously harm or acting without regard for human life.)

Practical Law – Chapter 9 Crimes Against Person I.Criminal Homicide: (cont.) B.The most serious for of Criminal Homicide is First-degree murder, which means that the killing is premeditated (thought about before hand.) C.Felony Murder is any killing that takes place during the commission of a felony (such as arson, rape or robbery.)

Practical Law – Chapter 9 Crimes Against Person I.Criminal Homicide: (cont.) D.Second-degree murder is a killing that is done with malice, but without deliberation. The choice to kill was made at the moment of the murder. E.Voluntary manslaughter is a killing that would otherwise be murder but that occurs after the victim has done something to the killer that would cause a reasonable person to lose self control. This cannot be words.

Practical Law – Chapter 9 Crimes Against Person I.Criminal Homicide: (cont.) F.Involuntary manslaughter is an unintentional killing resulting from conduct so reckless that it causes extreme danger of death. G.Negligent homicide is the causing of death through negligence, which is the failure to exercise a reasonable or ordinary amount of care.

Practical Law – Chapter 9 Crimes Against Person II.Noncriminal Homicide: A.Not all homicides are crimes. Non- criminal homicide is killing that is justifiable or excusable. B.Suicide is the deliberate taking of one’s own life. Suicide was once treated like a crime, but is now most often looked at as a plea for help and many courts require people who attempt suicide to undergo a psychological examination.

Practical Law – Chapter 9 Crimes Against Person III. Assault and Battery A. Assault is any attempt or threat to carry out a physical attack on a person. B. Battery is any unlawful physical contact inflicted by one person upon another without consent. Actual injury is not required. Today there is little difference in most cases between assault and battery.

Practical Law – Chapter 9 Crimes Against Person IV. Rape Rape is divided into two categories. A.Forcible rape is the act of unlawfully sexual inter-course committed by force or without consent. B.Statutory rape is sexual intercourse with someone who has not yet reached the age at which they can legally give consent.

Practical Law – Chapter 9 Crimes Against Person IV. Rape (continued) It is important that note that a woman’s lack of chastity is not a defense for rape. How a woman dresses or acts can no longer be used in a trial to create the idea that a victim “probably consented.”