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Crimes Against People
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First Degree Murder Mens rea- Intent to kill Actus reus- causes death
Premeditated, deliberate, and willful killing Malice aforethought Actus reus- causes death
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Murder- Second Degree Mens rea- intent to harm
NOT premeditated Actus reus- oooops… causes death (Felony Murder- In MO, death during the commission of a dangerous felony Depraved Heart- beyond reckless, not MO)
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Voluntary Manslaughter 1st Degree
In Missouri, like Second Degree Murder: Mens rea- intent to harm NOT premeditated NO intent to kill, some one died anyway Actus reus- a dangerous act oooops… causes death Horrible outcome of an action BUT murder has been provoked Heat of Passion killing/ temporary insanity There was not enough time for a person to calm down
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Involuntary manslaughter 2nd Degree
Mens rea- NO intent to kill or harm NOT premeditated, some one died anyway Intent to commit act alone IN MISSOURI Actus reus- a dangerous act that recklessly/ negligently causes death (deviation from a standard of care) Horrible outcome of an action Didn’t mean to do it, should have known better Ex: public safety– Drunk Driving MVA
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Justifiable Homicide Ex: Killing of a felon by a law enforcement officer in the line of duty Ex: The killing of a felon by a private citizen Self defense (with certain parameters!)
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Excusable Homicide Insanity Disability
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Assault Mens rea- intent to injure
Actus reus- a physical attack on another person attempt or threat of bodily harm
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Rape Mens rea- intends intercourse
(premeditated?) Actus reus- Sex without proper consent This includes situations where the victim may be drunk, drugged, asleep, unconscious, or for any reason unable to say yes or no.
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