Chapter 9- Crimes against the person

Homicide The killing of one human being by another – criminal and non-criminal in nature Most serious criminal homicide = murder Killing with malice (intent to kill or seriously harm or acting in an extremely reckless manner – no regard for human life) Reduction of murder charges are now done because of state ’ s classifications according to the state of mind and circumstances of the killer

First Degree: Killing is premeditated, deliberate, done with malice Felony murder: Killing that takes place during a commission of certain felonies (arson, rape, robbery, etc…) No intent to kill needed. Malice was present because it occurred during the felony Most considered first degree murder

Second Degree: Done with malice Without premeditation or deliberation Intent was not there until the moment of the murder (unplanned spontaneous) Voluntary manslaughter: Victim does something to the killer that would cause a reasonable person to lose self-control Must occur after the provocation so there is no “ cool down ” period Ex. Rage of cheating spouse, crime against children or family members Punished less severely because of the concession to the frailty of the human character

Involuntary manslaughter: Unintentional killing resulting from reckless conduct (driving drunk, playing with a loaded gun) Negligent homicide: Causing death through criminal negligence Failure to exercise reasonable care Some state consider this involuntary manslaughter Vehicular is the most common (careless driving) Usually the above is punishable is a civil suit and not considered a criminal act unless the death results from gross negligence

Homework today: 9.1