1. Crimes Against the Person Homicide

2. Homicide – the killing of one human being by another
Homicide – the killing of one human being by another. It is the most serious of all acts. Homicides may be either criminal or noncriminal.
Homicide is either:
Murder
Manslaughter
Excusable Homicide
Justifiable Homicide

3. Noncriminal Homicide – some homicides are not crimes
Noncriminal Homicide – some homicides are not crimes. Noncriminal homicide is a killing that is justifiable or excusable and for which the killer is deemed faultless
Examples:
Soldiers in wartime
Executioner of condemned criminals
A police officer killing a person who is committing a serious crime
A killing performed in self-defense or defense of another
Criminal Homicide – murder, the most serious form of criminal homicide, is a killing done with malice (intent). Any homicide done with malice is murder. States have statutes that classify a murder according to the killer’s state of mind or the circumstances surrounding the crime.

4. MURDER IN THE FIRST DEGREE
A person commits murder in the first degree when he/she unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
A person also commits the crime of murder in the first degree when he/she takes the life of a human being, regardless of malice, in the commission of forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, first degree burglary or first degree arson.
A person commits murder in the first degree when the death of a child results from the injuring, torturing, maiming or using unreasonable force by said person upon a child.

5. MURDER IN THE SECOND DEGREE
Homicide is murder in the second degree in the following cases:
When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without premeditated design to effect the death of any particular individual.
When perpetrated by a person engaged in the commission of any felony other than those listed above.

6. MANSLAUGTER
Manslaughter is the taking of a life without “malice aforethought”. Manslaughter is generally divided into two types, voluntary and involuntary.
Voluntary Manslaughter – an intentional killing committed under circumstances that mitigate, but do not justify or excuse, the killing. Manslaughter is based on the idea of ‘heat of passion’ which is when even “the reasonable person” may lose self-control and act rashly if sufficiently provoked.
Involuntary Manslaughter – is an unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury.
NEGLIGENT HOMICIDE
Causes the death through criminal negligence
Negligence is the failure to exercise a reasonable or ordinary amount of care. Gross or extreme negligence is usually classified as involuntary manslaughter. The most common form of negligent homicide is vehicular homicide.

7. PUNISHMENT FOR MURDER
A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree shall be punished by death, imprisonment for life, or imprisonment for life without parole.
A person who is convicted of or pleads guilty or nolo contendere to murder in the second degree shall be punished by imprisonment in a state penal institution for no less than ten (10) years or more than life.
PUNISHMENT FOR MANSLAUGHTER
Every person that is convicted of or pleads guilty or nolo contendere to manslaughter in the first degree shall be punished by imprisonment in a state institution for not less than 4 years.
Every person convicted of or pleads guilty or nolo contendere to manslaughter in the second degree shall be punished to no more than 4 years or less than 2 years to be served in state penal institution. The individual may also receive imprisonment in a county jail not to exceed 1 year and or a fine not to exceed $1000.

8. Homicide is either: Murder: Manslaughter 1st Degree
Capital murder – intentional, with malice
Felony murder – unintentional, but in the commission of a felony (forcible rape, assault w/deadly weapon,etc)
2nd Degree –deliberate, but not pre-planned
Manslaughter
Voluntary—intentional but with mitigating circumstances – does not justify or excuse
Involuntary –untentional cause of death through recklessness (DUI)

9. Negligent homicide –w/o reasonable care (vehicular homicide) can be 2nd degree manslaughter
Excusable Homicide-
By accident while doing a lawful act w/o any unlawful intent
Accident when provoked
Justifiable Homicide
While lawfully keeping the peace
Suppressing a riot