1. October 9, 2014 Aim: To understand the different degrees of homicide convictions in order to determine Mary Maloney’s sentence. Do Now: In your notes, respond: Why do you believe Mary Maloney killed her husband? Homework: Case Examples Practice Sheet

2. VOCABULARY 1.Homicide – any killing of a human being by another human being. 2.Murder – an intentional killing that is unlawful and committed with malice aforethought. 3.Malice Aforethought – intent to harm or kill or reckless disregard for life.

3. First Degree Murder The killing is deliberate and premeditated. Example: Mya becomes fed up with her husband, Nick’s antics and goes to the store to buy a lethal dose of rat poison to put in Nick’s sandwich. The killing occurs during the course of a dangerous felony. Example: Luis and Frank commit an armed bank robbery. As they attempt to flee with the money, a police officer shoots and kills Luis. Frank could be convicted of first degree murder because a death occurred in the course of a dangerous felony—even though the killer was a police officer and the dead person was Frank’s co-conspirator. The killer uses an explosive device such as a bomb. This is considered first degree because the use of explosives obviously involves some degree of planning and premeditation.

4. Second Degree Murder A killing done impulsively without premeditation, but with malice aforethought. Example: Adam and Bill are neighbors, and lately they've been having disagreements over the fence between their properties. Adam pays Bill a visit to discuss the matter, but gets angry in the process, pulls out a gun and shoots and kills Bill. Adam didn't have any plan to kill Bill when he went to Bill's house that day, so there was no premeditation. At the time of the murder, however, Adam fully intended to kill Bill because of his anger over the fence, so there was malice aforethought. A killing that results from an act intended to cause serious bodily harm. Example: In the situation above, instead of shooting Bill, Adam grabs a shovel and hits Bill on the head with all his strength. Adam didn't explicitly intend to kill Bill when he hit him, but he did intend to hit him with the shovel, and he knew that such a blow to the head carried with it a distinct possibility of death.

5. A killing that results from an act that demonstrates the perpetrators immoral indifference to human life. Example: Instead of hitting Bill over the head with the shovel, Adam grabbed his gun and fired in anger into a crowd of onlookers. Adam didn't necessarily mean to kill anyone, but also didn't give any thought to the harm that his actions could cause in the crowd.

6. Manslaughter

7. Voluntary Manslaughter Often called a “heat of passion” crime. When a person is suddenly provoked and kills in the heat of passion aroused by that provocation. The reason this crime is not considered first or second degree murder is a compromise for human weakness. Killers who act in the heat of passion may kill intentionally, but the emotional context prevents them from having the ability to fully control their behavior. Therefore, the heat of passion reduces their moral blameworthiness. Example: A husband comes home to find his wife cheating on him. He is provoked into such a heat of passion that he kills his wife right then and there. In an instance like this, the judge or jury may find the killing to be voluntary manslaughter.

8. Involuntary Manslaughter When a person’s disregard of a substantial risk results in another’s death. Due to the fact that involuntary manslaughter involves carelessness and not purposeful killing, it is a less serious crime than murder or voluntary manslaughter. Example: Joe is driving a car and runs over and kills Leroy. Joe may be convicted of involuntary manslaughter if he recklessly disregarded a substantial risk – driving under the influence of alcohol, for example.

9. Independent Writing (In Notebook) Now that you are more familiar with the different types of homicide, what type of homicide do you believe Mary Maloney is guilty of? Why?