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Chapter 9 Crimes Against the Person
Criminal Homicide -HomicideàThe killing of one human being by another -Not excusable or justifiable -Murder -Killing of another human with malice aforethought -The intent to cause death or serious harm -To commit any felony -1st degree -“Cold blood”, “lying in wait” -3 elements -Premeditated -Deliberate -Malicious -Also the death of one during the commission of a felony is also 1st degree murder -Felony-Murder doctrine -Automatic 1st degree if: police officer killed, used torture, murder for hire (some states) -2nd degree -Death of someone in the “heat of passion” -Missing one of the 3 elements -Usually deliberate / premeditation -Manslaughter -Killing not severe enough for murder but not justifiable -Does not require malice -Voluntary manslaughter -Death of someone w/o thinking -Premeditation / malice missing -Requires “adequate provocation” -Person loses ability to reflect coolly -No sufficient time to cool off -Provocation caused action -Ex: serious fight, body blows, displaying of gun -Involuntary manslaughter -Death results unintentionally as the consequence of some unlawful act or negligence -Drunk hits a pedestrian -Careless use of firearms -Negligent Homicide -Failure to exercise reasonable care in a situation -When discussing murder, “INTENT” is a major factor -Alcohol/drunk driving? -Attack dogs? -“You be the Judge” (p. 109)
Suicide -Deliberate taking of one’s own life -Courts view attempted suicide as a plea for help -Someone who helps someone commit suicide may be charged with murder or manslaughter -1-800-999-9999
Assault -Assault is not the infliction of injury -Simply the intentional attempt or threat to injure -Battery is the culmination of the assault -Unlawful, unconsented touching -Assault and battery is an assault that inflicts injury -Aggravated assaultàassault made with the intent to commit murder, rape, robbery -Simple assaultàIntended harm fails or no serious harm -Jostling -Pushing or crowding of an individual -Pickpocket, etc. -Stalking -When a person repeatedly follows or harasses another person
Robbery -Definition -Felonious taking -Of money/goods of another -From his person or in his presence -Against his will -Through the use or threat of force and violence -With the intent to permanently deprive -Both theft and assault involved -1st degreeàPresence of deadly weapon or serious injury -2nd degreeàPresence of accomplice, display of weapon -3rd degreeàUse or threat of force
Rape -Forcible -Sexual intercourse with a person against his/her will and through use/threat of force -Statutory -Sexual intercourse with a minor (MOà17) -However, if both are minors, not rape -Indecent exposure -Child molesting -Sexual assault -Any sexual contact that occurs w/o consent of victim -Problem 9.2 (114) |