Crimes Against the Person Chapter 9

Homicides Criminal: ◦ Committed with intent (plan) ◦ Also if person acted reckless without regards to human life Noncriminal ◦ Excusable or justifiable ◦ Not subject to criminal charges  Soldier, police officer

Criminal Homicide Classify murders based on ◦ Killer’s state of mind ◦ Circumstances of crime First degree murder ◦ Premeditated and deliberate killing done with malice  Malice: having the intent to kill or seriously harm another Felony Murder ◦ Killing that happens from another crime  Arson, rape, robbery ◦ Not necessary to prove intent ◦ Usually considered first degree murder Second Degree Murder ◦ Killing with malice but no premeditation

Criminal Homicide Voluntary Manslaughter ◦ killing that occurs after the victim has done something to the killer that caused him/her to lose self control and kill  Find wife in bed with another man  kill the guy Involuntary Manslaughter ◦ killing that occurs with no intent to kill at all  Kill someone because you were playing around with a gun Negligent Homicide ◦ causing death through criminal negligence  Drunk driver hits car and kills driver

Assault and Battery Assault: attempt OR threat to carry out a physical attack ◦ Requires intent to do bodily harm  Actual injury not necessary  ex: stalking ◦ Often result from arguments Battery: unlawful physical contact inflicted by one person upon another person without consent

Rape Form of criminal sexual assault Aggravated Rape ◦ Perpetrator uses a weapon to force victim to have intercourse Statutory Rape ◦ Intercourse between an adult and a minor ◦ Consent irrelevant ◦ Minors incapable of giving legal consent ◦ Can prosecute even if victim lied about age