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Published byMeaghan Hunn Modified over 10 years ago
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Chapter 9
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Learn the types and elements of criminal homicide Be able to distinguish criminal from non- criminal homicide Learn the elements of assault and battery Understand the elements of the major sex crimes
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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 1 st Degree—requires premeditation/ deliberation plus malice 2 nd Degree—malice, but no premed./delib. Felony murder—killing that takes place during commission of another felony (malice presumed)
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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)
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Complete problem 9.1/9.2 on page 105 Alison and Brad need money to pay their bills and decide to rob a bank. Brad drives the getaway car. Alsion goes into the bank and pull out her gun, announcinc, “This is a stickup. Don’t move!” The bank guard Gordon, shoots at Alison but misses, killing Dawn, a bank customer. Who can be charged with the crime of homicide? Which degree of homicide should be charged, give reasons
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A killing that is justifiable or excused Examples? Law enforcement killings to stop/prevent violent felonies Soldiers in battle Death penalty executions Self-defense or defense of others Is suicide/attempted suicide a crime? Generally, modern legal codes treat it as a mental health issue “Assisted suicide” is still criminal homicide in most states (3 states make it non-criminal)
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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
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Rape—sexual intercourse without consent (is not limited to traditional male-female intercourse) Statutory rape—intercourse between an adult and a minor (lowered to 16 in many states) Theory—minors are incapable of giving legal consent Sexual assault—sexual touching without penetration Date rape—victim and perpetrator know each other Can a woman be guilty of statutory rape of a minor boy? Rape shield laws—victim’s sexual history inadmissible at trial
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