1. Degrees of Murder Murder most foul … most foul, strange and unnatural.
-William Shakespeare

2. Even though most are told that murder is bad, it is everywhere – reality, entertainment, etc.
The unlawful killing of a human being with malice aforethought (intent or mens rea)
Defined as an actual or implied intention to kill without provocation from the victim

3. Actual intent means the defendant consciously meant to cause another’s death
Implied intent means the defendant either
Meant to cause great bodily harm
Should have known the act would result in great bodily harm or death
Intent

4. If Barbara hates Michael, decides to kill him, and picks up a knife and does so, malice aforethought is present. This shows actual intent.
If Barbara decides to hurt Michael badly and stabs him in the chest, causing his death, malice aforethought is present. This shows implied intent because she did not intend to kill him but to cause great bodily harm.
Examples

5. If Barbara decides to scare Michael, pushes him in front of oncoming traffic at a street corner, and he dies as a result, is there malice aforethought?
Yes, because she didn’t intend to kill or cause great bodily harm; however, she should have known her actions would most likely cause him to die or endure great bodily harm. This is implied intent.

6. Degrees Worst degrees called murder Lesser degrees called manslaughter
First-degree
Second-degree
Felony murder
Voluntary manslaughter
Involuntary manslaughter
Vehicular homicide

7. First-degree Deliberate – cool mind, capable of reflection
Deliberate and premeditated with malice aforethought
Deliberate – cool mind, capable of reflection
Premeditated – offender thought of the murder before committing it
Takes all three elements to establish specific intent
First-degree

8. Second-degree Felony Murder
Malice aforethought present, but there was not any deliberation or premeditation
This is all murders that are not first-degree murders
Felony Murder
Killing occurs while another felony is taking place
Becomes first-degree if occurs during a robbery, burglary, rape, or arson
If committed during any other type of felony, it is a second-degree murder

9. Voluntary Manslaughter
Intentional with malice aforethought
Offender must
Be seriously provoked by victim
Act in anger, AND
Not have had an opportunity to calm down
Being provoked does not excuse the killing but it makes it a lesser degree (less than second-degree)

10. Involuntary Manslaughter
Unintentional killing that occurs during a misdemeanor crime (DWI wreck)
Can also be caused by criminal negligence
Vehicular Homicide
Occurs when a person is killed in a car accident when the driver is acting under criminal negligence (acting recklessly without caution)

11. If people die in each of these cases, is it fair that the punishments vary in degrees of harshness? Explain.
A person tries to murder someone, but fails and no one is hurt. Another person accidentally kills someone (involuntary manslaughter). Which person should be punished more harshly? Why?

12. One day in gym class, Adam makes fun of the way Rick is shooting a basketball. Rick told him to shut up, or else he would take care of him. Adam made another comment, and Rick beat him up. Adam ended up with a broken nose and black eye. Adam decided to get even and took his father’s loaded pistol to school. He waited at Rick’s locker for an hour, but Rick never showed. Adam became impatient and checked the gun to make sure it was ready. The bell rang, and Adam accidentally fired. The bullet ricocheted off a locker and hit a student walking out of class. She was killed instantly.

13. Theft Larceny Grand theft Petty theft Burglary Embezzlement Robbery
Armed robbery
Embezzlement
Fraud
Extortion
Receiving stolen property
Theft

14. Grand theft – stealing property over a certain amount = felony
Larceny – legal word for theft that means taking someone else’s property with no intent to return it
Grand theft – stealing property over a certain amount = felony
Petty theft – stealing property worth less than grand theft amount = misdemeanor
Burglary – unlawful entry into building with intent to commit a crime (often theft)
Old wording defined it as breaking into a home at night to steal
How would that definition be problematic?

15. Under Texas theft / larceny law, offenders may receive charges varying from a "Class C" misdemeanor for the most minor of thefts, all the way up to a first degree felony for the most serious.
"Class C" misdemeanor: $50 or less
"Class B" misdemeanor: $50 or more, but less than $500
"Class A" misdemeanor: $500 or more, but less than $1,500
State jail felony: $1,500 or more, but less than $20,000
Third degree felony: $20,000 or more, but less than $100,000
Second degree felony: $100,000 or more, but less than $200,000
First degree felony: $200,000 or more
Based on the amount or value of property stolen, the penalty will go up. Penalties may range anywhere from a fine of no more than $500 (for a "Class C" misdemeanor), up to 5 to 99 years in prison and/or a fine of no more than $10,000 for a first degree felony.

16. Robbery – crime against a person
Taking of property by violence or threat of violence (forcible stealing)
Armed robbery – using a dangerous weapon to take something from a person
Pretending to have a weapon is armed robbery in most states
More serious and higher penalty than robbery
Larceny, burglary, and robbery are three main categories of theft

17. Embezzlement – people taking property you have entrusted them with
Different because the person gained possession of the property by legal means > owner gave permission for them to have it, not to keep it
Fraud – knowingly misrepresenting facts to get property from another
Selling fake gold as real, presenting fake identification
Often part of other crimes, such as forgery or writing bad checks

18. Receiving stolen property – illegal in all states
Extortion – making a threat with the intent of getting property (usually money) from another
Blackmail
Length of time distinguishes between extortion and robbery; immediate threat = robbery while extended threat (in 3 days) = extortion
Receiving stolen property – illegal in all states
Occurs is recipient knows or should have known the property is stolen
Filed off serial numbers = hint; Even if never told, law states that you should have known