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Chapter 9- Crimes against the person
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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
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Felony murder: (In PA this is 2nd Degree)
First Degree: Killing is premeditated, deliberate, done with malice Felony murder: (In PA this is 2nd Degree) 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
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Second Degree: ( In PA this is third 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
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Involuntary manslaughter:
Unintentional killing resulting from reckless conduct (driving drunk, texting while driving, 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
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Homework today: 9.1
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