Homicide The killing of one human being by another The killing of one human being by another –Most...
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Transcript of Homicide The killing of one human being by another The killing of one human being by another –Most...
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HomicidHomicidee • The killing of one human The killing of one human
being by anotherbeing by another– Most serious of all actsMost serious of all acts– Can be criminal or Can be criminal or
noncriminalnoncriminal
• Criminal Homicide:Criminal Homicide:– MurderMurder = most serious = most serious
form of CHform of CH• done with done with malicemalice = intent to = intent to
kill or seriously harm kill or seriously harm OROR • acting in a reckless manner, acting in a reckless manner,
shows a lack of regard for shows a lack of regard for human lifehuman life
– Historical ContextHistorical Context: Used : Used to be no “degrees” of to be no “degrees” of homicide; all homicides homicide; all homicides with malice were with malice were punishable by deathpunishable by death
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Homicide StatisticsHomicide Statistics
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Criminal Homicide Cont…Criminal Homicide Cont…• First Degree Murder: First Degree Murder:
– premeditatedpremeditated, , deliberatedeliberate and done with and done with malicemalice
– *premeditation and *premeditation and deliberation can occur very deliberation can occur very close to the time of the close to the time of the homicidehomicide
• Second Degree Murder:Second Degree Murder:– done with malice done with malice – No premeditation or No premeditation or
deliberationdeliberation– Intent to kill did not exist Intent to kill did not exist
until the moment of the until the moment of the murdermurder
– Intentional, but Intentional, but spontaneousspontaneous killing that is killing that is unplannedunplanned
• Euthanasia vs. Euthanasia vs. Assisted Assisted Suicide:Suicide:– What’s the What’s the
difference?difference?
• Assisted Suicide Assisted Suicide vs. Euthanasiavs. Euthanasia
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Physician Assisted Physician Assisted Suicide LawsSuicide Laws
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Criminal Homicide Cont…Criminal Homicide Cont…• Felony Murder:Felony Murder:
– occurs occurs during during commission of certain feloniescommission of certain felonies (arson, rape, robbery etc…)(arson, rape, robbery etc…)
– Not necessary to prove intentNot necessary to prove intent to kill (malice) to kill (malice) – Malice is Malice is assumed b/c murder was assumed b/c murder was
committed committed during the felony…even if it was during the felony…even if it was accidentalaccidental
– *Most state consider*Most state consider felony murder to be felony murder to be first-degree murderfirst-degree murder even though malice, even though malice, premeditation and deliberation do not premeditation and deliberation do not need to be provenneed to be proven
– The Case of Trevor Jones in Colorado, 17 The Case of Trevor Jones in Colorado, 17 Years Old, Life W/O ParoleYears Old, Life W/O Parole
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Criminal Homicide Cont…Criminal Homicide Cont…
• Voluntary Manslaughter:Voluntary Manslaughter:– Killing that would be considered murder, Killing that would be considered murder,
but victim did something to killer that but victim did something to killer that would cause a reasonable person to lose would cause a reasonable person to lose self-control or act rashlyself-control or act rashly (ex- catching spouse with (ex- catching spouse with another in a passionate manner)another in a passionate manner)
– Killing must occur just after the being Killing must occur just after the being provokedprovoked•Killer cannot have an opportunity to “cool Killer cannot have an opportunity to “cool
down”down”
– Punished somewhat less harshly due to Punished somewhat less harshly due to the “frailty of human character”the “frailty of human character”
– Scott Roeder-Murder of Abortion Clinic Scott Roeder-Murder of Abortion Clinic Doctor in KansasDoctor in Kansas
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Criminal Homicide Cont…Criminal Homicide Cont…• Involuntary Manslaughter:Involuntary Manslaughter:
– Unintentional KillingUnintentional Killing– Results from conduct so reckless that it causes extreme Results from conduct so reckless that it causes extreme
death or bodily injury death or bodily injury – Ex: playing with a gun that is known to be loadedEx: playing with a gun that is known to be loaded– Pharmacist Charged With Involuntary ManslaughterPharmacist Charged With Involuntary Manslaughter
• Negligent Homicide:Negligent Homicide:– Causing of death through criminal negligenceCausing of death through criminal negligence– Negligence = Negligence = failure to exercise failure to exercise reasonable or ordinary reasonable or ordinary
aamount of care, causes harm to someonemount of care, causes harm to someone– Most Common: Vehicular Homicide Most Common: Vehicular Homicide – Some states classify “gross or extreme” negligence as Some states classify “gross or extreme” negligence as
involuntary manslaughterinvoluntary manslaughter
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Noncriminal HomicideNoncriminal Homicide
• Killing that is justifiable or excusableKilling that is justifiable or excusable• Killer is deemed faultlessKiller is deemed faultless• Examples:Examples:
– Killing of an enemy soldier in wartimeKilling of an enemy soldier in wartime– Killing condemned criminal by an Killing condemned criminal by an
executioner executioner – Killing by a police officer of a person who Killing by a police officer of a person who
is committing a serious crime (must pose is committing a serious crime (must pose threat of death or serious harm/self-threat of death or serious harm/self-defense)defense)
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SuicideSuicide
• Deliberate taking of one’s own life.Deliberate taking of one’s own life.– a plea for helpa plea for help– Someone who helps can be found guilty Someone who helps can be found guilty
of murder or manslaughter.of murder or manslaughter.
• Every 15 minutes.Every 15 minutes.– 33rdrd leading cause of deaths among 10-24 leading cause of deaths among 10-24
yr. olds.yr. olds.
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Kidnapping Kidnapping
• Unlawful imprisonment, or abduction. Unlawful imprisonment, or abduction. – Originally referred to stealing children. Originally referred to stealing children.
• When taken across state lines, it’s a When taken across state lines, it’s a federal crime. federal crime.