Crimes Against the PersonChapter 9

HomicidesCriminal:

◦Committed with intent (plan)◦Also if person acted reckless without

regards to human lifeNoncriminal

◦Excusable or justifiable ◦Not subject to criminal charges

Soldier, police officer

Criminal HomicideClassify murders based on

◦ Killer’s state of mind◦ Circumstances of crime

First degree murder◦ Premeditated and deliberate killing done with malice

Malice: having the intent to kill or seriously harm another

Felony Murder◦ Killing that happens from another crime

Arson, rape, robbery

◦ Not necessary to prove intent◦ Usually considered first degree murder

Second Degree Murder◦ Killing with malice but no premeditation

Criminal HomicideVoluntary Manslaughter

◦ killing that occurs after the victim has done something to the killer that caused him/her to lose self control and kill Find wife in bed with another man kill the guy

Involuntary Manslaughter ◦ killing that occurs with no intent to kill at all

Kill someone because you were playing around with a gun

Negligent Homicide ◦ causing death through criminal negligence

Drunk driver hits car and kills driver

Assault and BatteryAssault: attempt OR threat to

carry out a physical attack ◦Requires intent to do bodily harm

Actual injury not necessary ex: stalking

◦Often result from argumentsBattery: unlawful physical

contact inflicted by one person upon another person without consent

RapeForm of criminal sexual assaultAggravated Rape

◦Perpetrator uses a weapon to force victim to have intercourse

Statutory Rape◦ Intercourse between an adult and a minor◦Consent irrelevant ◦Minors incapable of giving legal consent◦Can prosecute even if victim lied about

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