1. MURDER Types of Violent Crimes

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3. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Murder Also known as criminal homicide Different than homicide, which simply means one person killing another. 3

4. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Ch 19 Penal Code 4 What does someone's culpable mental state have to be to be charged with homicide? Review: what are the culpable mental states?

5. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Culpable Mental States (CMS) 5  the only thing that changes in homicide  determines the level of punishment  Examples:  Intentional  Knowing  Reckless  Criminally Negligent

6. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Requirements of Murder 6 1. Intentionally or knowingly cause the death of an individual OR 2. Intend to cause serious bodily injury and commit an act clearly dangerous to human life that causes the death of an individual OR

7. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Requirements of Murder 7 Requirements of Murder (continued) 3. Commit or attempt to commit a felony (other than manslaughter) and commit or attempt to commit an act clearly dangerous to human life that causes the death of an individual All of these constitute First Degree Murder  Examples:  Shamrock Murder  Ft. Worth woman and homeless man

8. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Requirements of Capital Murder 8 Capital Offense: A person commits First Degree Murder and one of the following apply: 1. victim is a police officer or fireman acting in the lawful discharge of an official duty  person must know the victim is a police officer or fireman  Example: undercover agent?

9. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Requirements of Capital Murder 9 First Degree Murder plus one: 2. the person intentionally commits the murder in the course of committing or attempting to commit:  Obstruction  Retaliation  Burglary  Aggravated sexual assault  Arson  Robbery  Kidnapping  Terroristic threat  (O.R.B.A.A.R.K. - T.)

10. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Requirements of Capital Murder 10 First Degree Murder plus one: 3. murder for hire (remuneration) ‏ 4. person commits murder while escaping or attempting to escape from a penal institution 5. person commits murder of a penal institution employee or participates in a gang during the murder (prison gangs) ‏

11. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Requirements of Capital Murder 11 First Degree Murder plus one: 6. person murders another while incarcerated for:  Capital murder  Murder  Serving life or 99 years in prison for: Kidnapping Aggravated sexual assault Aggravated robbery

12. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Requirements of Capital Murder 12 First Degree Murder plus one: 7. person murders more than one person during:  the same criminal transaction or  different criminal transactions to the same course of conduct 8. victim is under 10 years of age 9. person murders a judge for retaliation purposes

13. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Capital Murder 13 If the jury does not find proof beyond a reasonable doubt for capital murder, they can convict the person of murder or a lesser charge.

14. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Second Degree Murder 14 Second Degree Murder 1. The person commits murder 2. The murder was a result of “sudden passion” from an “adequate cause”  definitions from penal code 3. Is determined during the punishment stage of trial

15. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Manslaughter 15 Manslaughter  person recklessly causes the death of another  Second Degree Felony  did NOT intend to kill someone  did intend to engage in the behavior that caused the death

16. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Criminally Negligent Homicide 16 Criminally Negligent Homicide A person causes the death of another by criminal negligence State Jail Felony

17. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Resources 17 Texas Penal Code: http://www.statutes.legis.state.tx.us/ http://www.statutes.legis.state.tx.us/