1. Street Law Ch. 09: Crimes Against The Person

2. Ch. 09: Homicide Key Terms Homicide Malice First Degree Murder Felony Murder Voluntary Manslaughter Involuntary Manslaughter Negligent Homicide

3. Ch. 09: Homicides: Why Do I Need To Know This? 1.Because homicides are the most serious crimes and can result in the death penalty. 2.Because when a person is killed it affects everyone in the society. 3.Because not all homicides result in criminal punishment. 4.Because suicide is a serious and growing problem for teenagers today.

4. Homicides A homicide is any time that one person is killed by another person. Not all homicides result in criminal punishment. –For example, when a soldier at war kills an enemy soldier on the battlefield, it is a homicide, but does not result in criminal prosecution. –Also, when a doctor tries to do a life-saving operation and does everything right, but the patient still dies, it is not a homicide.

5. Criminal Homicides—First Degree First Degree homicides are the most serious homicides and can result in the death penalty. There are 2 types of First Degree homicides. They are: 1.First Degree Murder 2.Felony Murder First Degree Murder occurs when a person kills another with malice aforethought. Malice means to have the intent to kill or to cause serious harm to another person. Malice is also legally implied if the defendant acts with reckless indifference to life, has the intent to commit a felony, or uses a deadly weapon. Malice can form within a split second and can happen in just a second before the homicide.

6. Criminal Homicides—First Degree Felony Murder is another type of First Degree homicide that can result in the death penalty. –Felony Murder is the most common and easiest to prove type of first degree homicide. In order to be guilty of Felony Murder, the person must be guilty of an underlying felony. –The underlying felony must be a serious or violent felony. Any death that happens during the commission of the felony will result in a felony murder charge. –The death can happen after the felony is over, but the events must have triggered the death. –The death could result from actions of the police or bystanders. –The death could even be of an accomplice to the crime!

7. Criminal Homicides—Second Degree Second Degree homicides occur when a person kills another with malice but without premeditation. These are known as the “depraved heart” type homicides. These are very rare types of homicides. An example would be a person who starts a fist fight and in the fight decides to kill the victim. Another example would be a soldier killing an enemy who is trying to surrender during a firefight.

8. Criminal Homicides—Voluntary Manslaughter Voluntary manslaughter is a homicide that would be murder, except that the victim provoked the defendant. The victim must have done something to the defendant that would cause a sudden and intense passion in an ordinary person to lose self control. And, the defendant must not have had any time to “cool off” between the provocation and the homicide. The provocation must be severe—merely calling someone names is generally not enough for manslaughter. Manslaughter is generally punished much less than 1 st degree murder.

9. Criminal Homicides—Involuntary Manslaughter There are 2 types of involuntary manslaughter: 1.Involuntary Manslaughter 2.Criminal Negligence Involuntary manslaughter is punished less than voluntary manslaughter, with the punishment depending on what the defendant did. –Punishments can range from fines, to probation to short jail sentences.

10. Criminal Homicides—Involuntary Manslaughter Involuntary manslaughter is a killing in which there is no intent to kill at all, but results from conduct so reckless that it causes extreme danger or risk of bodily harm. Involuntary manslaughter can result when the defendant commits a misdemeanor that results in a person’s death (this is essentially misdemeanor manslaughter).

11. Criminal Homicides—Criminal Negligence Criminal Negligence occurs when a defendant fails to use reasonable or ordinary care. Some examples include playing with a loaded gun, lighting fireworks, etc. Not only can people be held criminally liable for criminal negligence, businesses can also be punished for this crime as well! –Usually the business is punished with a fine, which may be placed upon the business itself or the officers and directors of the business.

12. Noncriminal Homicides There are many cases in which a person is killed and the killer is considered faultless. Some examples include: 1.A soldier who kills an enemy in combat 2.An executioner killing a condemned prisoner 3.A police officer killing a person posing a threat to society 4.Self-defense or defense of others 5.A doctor performing a medical procedure However, in all of these cases, it really depends on the facts. –In any one of these examples, there still exists the possibility that a criminal homicide was committed.

13. Suicide Today, we only punish attempted suicide. –However, someone who helps another commit suicide can be found guilty of a homicide. The reason we do this is because most people view an attempted suicide as a cry for help. –The only legal way we can force a person to get psychological help against their wishes is to enter them through the legal system. A person who attempts suicide can be held against his or her will for psychological testing and treatment.

14. Suicide Teen suicide today is a serious issue. According to the Centers for Disease Control (CDC) up to 9% of all teenagers attempt suicide. There is one successful suicide every 15 minutes in the U.S. If you or anyone you know is considering suicide, there are many resources out there to help. These include: 1.The National Crisis Hotline at (800) 999-9999 2.The National Youth Crisis Hotline at (800) HIT-HOME (448-4663) or (800) 442-HOPE (442-4673) 3.www.suicidehotlines.comwww.suicidehotlines.com

15. Ch. 09: Assault and Battery Key Terms Assault Battery Stalking

16. Ch. 09: Assault and Battery: Why Do I Need To Know This? 1.Because any unlawful physical contact, without consent, between you and another person is a criminal act. 2.Because making someone believe that you are about to engage in unlawful physical contact without consent is a separate crime. 3.Because the amount of punishment you will receive for committing either of these crimes depends on how much damage you did, why you did it and how you did it.

17. Assault and Battery Traditionally, a battery is any unlawful physical contact on another person without consent. The contact has to be unlawful, meaning that it was not accidental, such as tripping and bumping into another person. The contact does not have to be directly between the two people. –For example, you can commit a battery by throwing a rock and hitting another person or by pushing an object to bump into another much like a domino. Additionally, even in a sport where physical contact is allowed, going beyond the normally accepted contact can be considered a battery

18. Assault and Battery Traditionally, an assault is any threat or action that would make a person believe a battery is imminent. –Under traditional law, if you saw a punch coming, it was assault and battery (2 separate crimes). But, if you were hit from behind, it could only be a battery. Today, most states use the terms interchangeably to mean an unlawful contact on another. Today, most states now have separate terrorist threat laws to deal with that aspect of assault. Additionally, most states now have separate hate crime laws that specifically punish people for making threats against others based on their race, gender, religion, age, disability or sexual orientation.

19. Aggravated Assault and Battery Most states have separate crimes for aggravated assault and battery. Aggravated assaults and batteries are punished much more than normal assaults and batteries. An aggravated assault can occur in several ways: 1.Using a weapon during the assault and battery 2.Committing an additional felony such as a robbery during the assault and battery 3.Committing or intending to commit great bodily injury during the assault and battery In California, using a weapon during the commission of a battery will result in an enhanced punishment which can add many years to the criminal sentence.

20. Stalking Stalking is a growing problem in today’s society. Stalking occurs when a person repeatedly follows or harasses another person and makes threats that cause the victim to fear death or bodily injury. There is a growing problem of cyber-stalking in which the threats and following are done via the internet. Unfortunately, women are most often the victims of stalking and males are usually the perpetrators. Most states now have anti- stalking laws. And, in most states it is fairly easy to get a restraining order against a stalker.

21. Sexual Assault Sexual assault is a specific type of assault that includes rape or attempted rape. Sexual assault occurs whenever there is unlawful contact of a sexual nature and includes grabbing or fondling. A sexual assault can be an attempted or completed crime. A person does not need to use force in order to commit a sexual assault. Both males and females can be either the victim or perpetrator of a sexual assault.

22. Ch. 09: Rape Key Terms Rape Statutory Rape Acquaintance Rape Date Rape

23. Ch. 09: Rape: Why Do I Need To Know This? 1.Because according to the Centers for Disease Control (CDC), 1 in 6 women will be the victim of a rape. 2.Because according to the CDC, almost 100,000 men are raped each year in the U.S. (or about 1 in 33 men) 3.Because in 8 out of 10 rape cases, the victim reports that the perpetrator was a boyfriend/girlfriend, friend, relative or acquaintance. 4.Because NO means NO!

24. Rape Rape is any sexual intercourse without consent. Consent can NEVER be given by someone who is: 1.Underage 2.Unconscious 3.Mentally Incompetent 4.Under the Influence of Drugs or Alcohol In a rape, the victim and the perpetrator can be of either sex. –So, males can be raped by females, females can be raped by females, and males can be raped by males. No force is necessary for a rape to occur. All that matters is that the sexual intercourse occurred without consent. –However, if the perpetrator uses force or a weapon, most states will consider it an aggravated rape.

25. Statutory Rape In most states, a person below a certain age can never consent to sexual intercourse. In a statutory rape case, the parent/guardian can decide to pursue charges even if the victim does not wish to do so and the victim can be forced to testify. In California, a person under the age of 18 cannot consent to sexual intercourse at any time. –In other states, the age may be different. In a statutory rape case, it does not matter what the victim says his/her age was. All that matters is the actual age of the victim at the time of the intercourse. In many jurisdictions, there is a growing trend not to prosecute statutory rape for people who are close in age. –This is due to juries tending not to convict high school sweethearts. However, a statutory rape case can be made even if the victim was 1 day shy of his/her birthday. Statutory rape is a strict liability crime. –That means that there are no defenses to this crime!

26. Date Rape As noted earlier, the CDC reports that in 8 out of 10 cases, the victim knew the rapist. High school and college women are 4 times more likely to be the victim of rape. As stated earlier, a rape can and does occur without force or threat of force. –No means No! The perpetrator of a date rape does not need to use drugs or alcohol in order to commit rape. –However, most date rapes do occur when the victim has been drinking or under the influence of drugs. If you are the victim of a rape, there are many resources to help. –You can call 911 for the police –You can call (800) 656-HOPE (656- 4673) –You can visit www.rainn.orgwww.rainn.org

27. Rape Shield Laws In most states, and in the federal criminal system, the defendant in a rape/sexual assault trial may not introduce evidence about the victim’s sexual history. –This is to avoid making the victim afraid to testify due to possibly revealing aspects of his/her sexual past. It does not matter what the victim wore or what the victim did prior to the rape. –Even a prostitute can be raped. It does not matter if the victim struggled or tried to fight off the perpetrator. –A victim can remain totally quiet and still be raped. All that matter is that the sexual intercourse occurred without consent. NO means NO!

28. Rape: Punishment Each and every sexual act performed in a rape is a separate crime. –So, one rape can lead to many counts of rape being brought as criminal charges. –Each count of rape results in separate punishment. Additionally, a rape can also lead to a kidnapping charge since the victim is often held against his/her will. Many states have additional punishments if the rape victim was extremely young, old, disabled, or threatened with a weapon. As part of the punishment, most states require rapists to register with the police within 10 days of moving into a new area for the rest of their lives. Also, sexual predators may be prohibited from living in many areas, such as close to schools.