1. Intro to American Law

2. Agenda What is homicide?
What are the distinctions between murder in the first and second?
What are distinctions within manslaughter?
What is the difference between assault/battery?

3. Are all killings wrong?
Law enforcement killings to stop/prevent violent felonies
Soldiers in battle
Death penalty executions
Self-defense or defense of others
Suicide

4. Washington - Homicide
Homicide is the killing of a human being by the act, procurement, or omission of another, death occurring at any time, and is either (1) murder, (2) homicide by abuse, (3) manslaughter, (4) excusable homicide, or (5) justifiable homicide.
(4) Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent.
(5) Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.

5. Billy the Bully
Beaten, mocked, and tormented by classmates, Noel begged to escape his middle school nightmare from his bully, Billy. But despite telling his parents, the principal and teachers, nothing stopped the constant bullying. So Noel began carrying a kitchen knife to protect him each day. One day, Billy was mocking Noel’s stutter and jumped Noel from behind and during the tussle, he pulls out a knife and stabs Billy 3 times killing him instantly.

6. First- Degree Murder
(1) A person is guilty of murder in the first degree when:
(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or
(b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person

7. Second- Degree Murder
(1) A person is guilty of murder in the second degree when:
(a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person;

8. Homicide Homicide is the killing of one person by another
Most types of murder require proof of malice, an intent to kill, to seriously harm, or acting in a manner that shows disregard for human life
1st Degree—requires premeditation/ deliberation plus malice
2nd Degree—malice, but no premed./delib.
Felony murder—killing that takes place during commission of another felony (malice presumed)

9. Felony Murder
Felony murder—killing that takes place during commission of another felony (malice presumed)

10. Lovers Quarrel
Lady Gaga runs up to Justin Bieber and tells him, “Your wife Selena Gomez is having an affair with Taylor Lautner.” In a blind rage, Justin runs the few blocks over to Taylor’s house where he finds Selena and Taylor sitting in the living room having tea. Justin shoots Taylor.
Brad Pitt’s wife, Angelina, is gunned down by Jennifer Aniston as she sits in the front seat of her minivan next to Brad. Brad is heartbroken, but cooly takes Angelina to the morgue. He spends the next few hours looking calmly for clues for Jennifer’s whereabouts, tracks him down, and shoots her point-blank.

11. Manslaughter
Voluntary manslaughter—killing done with provocation—something the victim does to the attacker that would cause a reasonable person to lose control
Must be done “in the heat of passion” with no “cooling off”
Example: John finds Bill kissing his wife and shoots him
Involuntary manslaughter—killing resulting from a non-intentional act (playing with a gun that goes off)
Negligent homicide—death through criminal negligence (lack of care)—vehicular homicide. Usually requires gross negligence (really extreme behavior)

12. Reasonable Person Who is this reasonable person?
Model Penal Code (MPC)
A crime is manslaughter if it is “committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor’s situation under the circumstances as he believed them to be.”

13. Involuntary Manslaughter
Game of Russian Roulette

14. Assault & Battery
Assault—attempt or threat to carry out a physical attack on a person
Battery—an unlawful physical contact inflicted without consent (harm not required, only intent to harm)
Most modern codes treat them the same
Are boxing/football/wrestling considered battery?
Aggravated—may be based on use of a weapon and/or degree of harm caused
Stalking—most states now make it a separate crime to repeatedly harass or follow a person

15. For tomorrow
Sexual Assault