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Published byWalter Ray Modified over 9 years ago
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The killing of one human being by another Most serious of all acts Can be criminal or noncriminal Criminal Homicide: Murder = most serious form of CH Killing that is done with malice = having the intent to kill or seriously harm OR acting in a reckless manner which shows a lack of regard for human life Historical Context: Used to be no “degrees” of homicide; all homicides with malice were punishable by death
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First Degree Murder: Killing that is premeditated, deliberate and done with malice *premeditation and deliberation can occur very close to the time of the homicide Second Degree Murder: Killing that is done with malice No premeditation or deliberation Intent to kill did not exist until the moment of the murder Intentional, but spontaneous killing that is unplanned
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Felony Murder: Murder that occurs during commission of certain felonies (arson, rape, robbery etc…) Not necessary to prove intent to kill (malice) Malice is assumed b/c murder was committed during the felony…even if it was accidental *Most state consider felony murder to be first- degree murder even though malice, premeditation and deliberation do not need to be proved
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Voluntary Manslaughter: Killing that would be considered murder, but victim did something to killer that would cause a reasonable person to lose self-control or act rashly Killing must occur just after the provokation Killer cannot have an opportunity to “cool down” Punished somewhat less harshly due to the “frailty of human character”
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Involuntary Manslaughter: Unintentional Killing Results from conduct so reckless that it causes extreme death or bodily injury Ex: playing with a gun that is known to be loaded Negligent Homicide: Causing of death through criminal negligence Negligence = failure to exercise reasonable or ordinary amount of care in a situation that causes harm to someone Most Common: Vehicular Homicide Some states classify “gross or extreme” negligence as involuntary manslaughter
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Killing that is justifiable or excusable Killer is deemed faultless Examples: Killing of an enemy soldier in wartime Killing condemned criminal by an executioner Killing by a police officer of a person who is committing a serious crime (must pose threat of death or serious harm/self-defense)
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