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Published byBritton Ellis Modified over 9 years ago
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CHAPTER 9 – CRIMES AGAINST PERSON
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CRIMINAL HOMICIDE Malice – having the intent to kill or seriously harm another person or acting in an extremely reckless manner that shoes a lack of regard for human life At one time, there were no degrees of murder – any homicide done with malice was considered to be murder and was punishable by death – it was then changed to be based on killer’s state of mind or circumstances of the crime First Degree Murder – act of killing that is premeditated and done with malice Felony Murder – act of killing during certain felonies such as rape, arson, robbery, or burglary Second Degree Murder – act of killing done with malice but not premeditated or deliberate Voluntary Manslaughter – killing that would otherwise be see as murder but that occurs after the victim has done something to the killer that would cause a reasonable person to lose self-control or act rashly Involuntary Manslaughter – killing in which there is no intent to kill at all Negligent Homicide – causing death through criminal negligence
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NONCRIMINAL HOMICIDE Killing that is justifiable or excusable, and therefore the killer is deemed faultless Examples: Killing of an enemy soldier in wartime Killing of a condemned criminal by an executioner Killing by a police officer of a person who is committing a serious crime and poses a threat of death or serious harm Killing performed in self-defense or in defense of another person
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SUICIDE Deliberate taking of one’s own life (once considered a crime) However, one who helps the person commit suicide can be found guilty of the crime of murder or manslaughter Those who attempt suicide are often required to undergo a psychological examination and receive treatment (typically counseling, medication, hotlines, and other programs) A suicide occurs in the US every 15 minutes – teen suicide and attempted suicide are considered serious health problems Hotlines Covenant House Nineline: assist those in need by locating the nearest crisis service center - 1-800-999-9999 National Youth Crisis Hotline: provides guidance and support for teens in crisis – 1-800-442-HOPE (4673) www.suicidehotlines.com – provides hotlines and prevention programs located in your community www.suicidehotlines.com
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KIDNAPPING Taking away a person against that person’s will If person is taken away and crosses state lines, this act also violates federal criminal law
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ASSAULT AND BATTERY Assault – any attempt or threat to carry out a physical attack upon another person Battery – unlawful physical contact inflicted by one person upon another person without consent, actual injury is not necessary There are degrees of assault and battery and is often defined by the harm inflicted Stalking – occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury (called cyberstalking when it happens using electronic communications) Bullying – a version of assault and battery in which peers or acquaintances intimidate Sexual Assault – a wide range of victimizations from verbal threats of a sexual nature to unwanted sexual contact between the victim and the offender
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RAPE Rape - Sexual intercourse without consent Statutory rape: intercourse with someone under the legal age of consent Acquaintance rape: sexual assault by someone known to the victim Rape laws are being replaced with criminal sexual assault where there is no consent from the victim (victim is unconscious, mentally incompetent, judgment impaired by drugs/alcohol) Statutory rape doesn’t matter if there is consent or not, based on the notion that a minor is incapable of giving legal content – typically not prosecuted against unless “adults” make a huge deal out of it Many victims of acquaintance rape do not report it because they do not realize an attack that occurs on a date or social encounter can in fact constitute a rape
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