PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Criminal Law Today By...
-
Upload
jessica-barker -
Category
Documents
-
view
214 -
download
0
Transcript of PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Criminal Law Today By...
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Criminal Law TodayBy Frank Schmalleger, PH.D
Homicide LawsHomicide Laws
Legal and Social Dimensions of Personal Legal and Social Dimensions of Personal Crime: Homicide Crime: Homicide
Criminal Law TodayBy Frank Schmalleger, PH.D
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Accidental DeathsAccidental Deaths
Accidental Death:Accidental Death: A death that is caused by unexpected or A death that is caused by unexpected or
unintended meansunintended means Accidental Killings: Accidental Killings:
A death that is the result of a purposeful A death that is the result of a purposeful human act lawfully undertaken in the human act lawfully undertaken in the reasonable belief that no harm would reasonable belief that no harm would resultresult
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
HomicideHomicide
The killing of a human being by theThe killing of a human being by the Act of another human being Act of another human being Procurement of another human being Procurement of another human being Omission of another human being Omission of another human being
Suicide is not includedSuicide is not included There are three basic types of There are three basic types of
homicidehomicide Justifiable homicideJustifiable homicide Excusable homicideExcusable homicide Criminal homicideCriminal homicide
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Justifiable HomicideJustifiable Homicide
Homicide that is permitted under the Homicide that is permitted under the lawlaw
A killing justified for the good of societyA killing justified for the good of society The killing of another in self-defense The killing of another in self-defense
when danger of death or serous bodily when danger of death or serous bodily harm existsharm exists
The killing of a person according to The killing of a person according to one’s duties or out of necessity but one’s duties or out of necessity but without blamewithout blame
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Excusable HomicideExcusable Homicide
Killing in a manner that the criminal Killing in a manner that the criminal law does not prohibitlaw does not prohibit
Homicide that may involve some Homicide that may involve some fault but is not criminal homicidefault but is not criminal homicide
Example: a death caused by a Example: a death caused by a vehicular accident in which the driver vehicular accident in which the driver was not negligent was not negligent
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Criminal HomicideCriminal Homicide
The purposeful, knowing, reckless, or The purposeful, knowing, reckless, or negligent causing of the death of negligent causing of the death of one human being by anotherone human being by another
That form of homicide for which That form of homicide for which criminal liability may be incurredcriminal liability may be incurred
May be classified as murder, May be classified as murder, manslaughter, or negligent homicidemanslaughter, or negligent homicide
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
MurderMurder
The unlawful killing of a human The unlawful killing of a human being, carried out with malice or being, carried out with malice or planned in advanceplanned in advance
In common law, the killing of one In common law, the killing of one human being by another with malice human being by another with malice aforethoughtaforethought
There may be various degreesThere may be various degrees
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Manslaughter Manslaughter
The unlawful killing of a human being The unlawful killing of a human being without malicewithout malice
Differs from murder in that malice Differs from murder in that malice and premeditation are lackingand premeditation are lacking
There may be various kindsThere may be various kinds
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Negligent HomicideNegligent Homicide
The killing of a human being by The killing of a human being by criminal negligencecriminal negligence
The killing of a human being by the The killing of a human being by the failure to exercise reasonable, failure to exercise reasonable, prudent careprudent care
A criminal offense committed by one A criminal offense committed by one whose negligence is the direct and whose negligence is the direct and proximate cause of another’s deathproximate cause of another’s death
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Corpus DelictiCorpus Delicti
In criminal homicide, In criminal homicide, corpus delicticorpus delicti consists of the death of a human consists of the death of a human being and the fact that the death being and the fact that the death was caused by a criminal act or was caused by a criminal act or agency of another personagency of another person
There exists the requirement that the There exists the requirement that the victim’s death was the natural and victim’s death was the natural and probable consequence of another probable consequence of another person's unlawful conduct. person's unlawful conduct.
The actual dead body is The actual dead body is notnot required required
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Taking of a LifeTaking of a Life At common law, an essential element of At common law, an essential element of
homicide was the “killing of human being”homicide was the “killing of human being” The victim must have been alive before the act of The victim must have been alive before the act of
murdermurder An unborn child does not meet this requirementAn unborn child does not meet this requirement
Questions include: Questions include: Was the child/fetus killed during the birthing process?Was the child/fetus killed during the birthing process? Was the child/fetus born alive?Was the child/fetus born alive?
The killing of fetus is now a crime in some jurisdictionsThe killing of fetus is now a crime in some jurisdictions In 2004, California Supreme Court ruled that the In 2004, California Supreme Court ruled that the
killing of a fetus constitutes second-degree murder, killing of a fetus constitutes second-degree murder, even when the killer had no ideaeven when the killer had no idea that the expectant that the expectant mother was pregnantmother was pregnant
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Defining DeathDefining Death
It is central in a homicide cases to It is central in a homicide cases to establish that death has actually establish that death has actually occurredoccurred
Brain DeathBrain Death Death determined by a “flat” reading on Death determined by a “flat” reading on
an EEG, usually after a 24-hour period or an EEG, usually after a 24-hour period or by other medical criteriaby other medical criteria
Uniform Determination of Death ActUniform Determination of Death Act A standard supported by the MMA, the A standard supported by the MMA, the
ABA, and the NCCUSL ABA, and the NCCUSL
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Provisions of the Provisions of the Uniform Determination of Death ActUniform Determination of Death Act An individual who has sustained eitherAn individual who has sustained either
Irreversible cessation of circulatory and Irreversible cessation of circulatory and respiratory functions, orrespiratory functions, or
Irreversible cessation of all functions of Irreversible cessation of all functions of the entire brain, including the brain stem, the entire brain, including the brain stem, is deadis dead
The UDDA provides a model for The UDDA provides a model for legislation and has been adopted in legislation and has been adopted in various forms by many statesvarious forms by many states
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Time of DeathTime of Death
Death may occur some time after the fatal Death may occur some time after the fatal injuryinjury ““Year and a Day Rule”: a common law Year and a Day Rule”: a common law
requirement that homicide prosecutions could requirement that homicide prosecutions could not take place if the victim did not die within a not take place if the victim did not die within a year and a day from the time that the fatal act year and a day from the time that the fatal act occurredoccurred
Jurisdictions vary in their handling of this Jurisdictions vary in their handling of this situationsituation CA – has extended the time limit to three years CA – has extended the time limit to three years
and a dayand a day
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Proximate Cause and Homicide Proximate Cause and Homicide
Criminal homicide must be the result of anCriminal homicide must be the result of an Affirmative actAffirmative act
voluntary conscious conductvoluntary conscious conduct an affirmative act is not an omission or failure to actan affirmative act is not an omission or failure to act
Omission to act, orOmission to act, or Criminal negligenceCriminal negligence
The cause of death must not be so remote as The cause of death must not be so remote as to fail to constitute natural and probable to fail to constitute natural and probable consequences of the defendant's actconsequences of the defendant's act
The question: If the original act had not The question: If the original act had not occurred, would the victim have died?occurred, would the victim have died?
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
MurderMurder
Murder includes the following Murder includes the following elementselements An unlawful killingAn unlawful killing Of a human beingOf a human being With maliceWith malice
In most states, murder is divided into In most states, murder is divided into two categoriestwo categories First-degree murderFirst-degree murder Second-degree murderSecond-degree murder
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
First-Degree MurderFirst-Degree Murder
Any willful, deliberate, and premeditated killingAny willful, deliberate, and premeditated killing PremeditationPremeditation is the act of deliberating or is the act of deliberating or
meditating upon, or planning a course of meditating upon, or planning a course of actionaction
Examples:Examples: Murder committed through the use of poisonMurder committed through the use of poison Murder by laying in waitMurder by laying in wait Murder involving tortureMurder involving torture
First-degree murder is punishable by death or First-degree murder is punishable by death or by life in prisonby life in prison
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Second-Degree Murder DefinedSecond-Degree Murder Defined
EitherEither Murders committed during the Murders committed during the
perpetration or attempted perpetration perpetration or attempted perpetration of an enumerated felony, such as arson, of an enumerated felony, such as arson, rape, robbery, or burglary or…rape, robbery, or burglary or…
All murder not classified by state as All murder not classified by state as first-degree murderfirst-degree murder
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Malice AforethoughtMalice Aforethought Defined: an unjustifiable, inexcusable, and Defined: an unjustifiable, inexcusable, and
unmitigated person-endangering state of mindunmitigated person-endangering state of mind Malice is a legal term that refers toMalice is a legal term that refers to
The intentional doing of a wrongful act without just The intentional doing of a wrongful act without just cause or legal excusecause or legal excuse
In cases of homicide the term means “an intention In cases of homicide the term means “an intention to kill”to kill”
Malice meansMalice means ““any evil design in general,” orany evil design in general,” or ““the dictate of a wicked, depraved, and malignant the dictate of a wicked, depraved, and malignant
heart”heart” First-degree murder requires First-degree murder requires malice malice
aforethoughtaforethought
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
The Five Mental States:The Five Mental States:Murder with Malice Aforethought Murder with Malice Aforethought
An intent to killAn intent to kill An intent to inflict great bodily injuryAn intent to inflict great bodily injury An intent to commit a felony (as in An intent to commit a felony (as in
felony murder)felony murder) An intent to resist a lawful arrestAn intent to resist a lawful arrest An awareness that one is engaged in An awareness that one is engaged in
conduct that carries with it a high risk conduct that carries with it a high risk of someone else’s death, sometimes of someone else’s death, sometimes called called depraved heart murderdepraved heart murder
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Depraved Heart MurderDepraved Heart Murder
Unjustifiable conduct that is Unjustifiable conduct that is extremely negligent and results in extremely negligent and results in the death of a human being or…the death of a human being or…
The killing of a human being with The killing of a human being with extreme atrocityextreme atrocity
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Capital MurderCapital Murder
Murder for which the death penalty is Murder for which the death penalty is authorized by lawauthorized by law
38 states and the federal government 38 states and the federal government authorize the death penaltyauthorize the death penalty
The most common statutory The most common statutory requirement is that the killing had to requirement is that the killing had to have been have been Premeditated andPremeditated and DeliberateDeliberate
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Premeditated MurderPremeditated Murder
Defined: Murder that was planned in Defined: Murder that was planned in advance, however briefly, and the act advance, however briefly, and the act was carried outwas carried out
““Formed or determined upon as a Formed or determined upon as a result of careful thought and weighing result of careful thought and weighing of considerations for and against the of considerations for and against the proposed course of conduct”proposed course of conduct”
Courts have said that premeditation Courts have said that premeditation was was not not the duration of time available the duration of time available for thought but for thought but the extent of the extent of reflectionreflection
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Aggravated MurderAggravated Murder
Murder plus one or more aggravating factors Murder plus one or more aggravating factors as specified by lawas specified by law
Aggravated murder is generally capital Aggravated murder is generally capital murdermurder
Certain identifiable factors surrounding the Certain identifiable factors surrounding the circumstances of a particular murder may so circumstances of a particular murder may so enhance the culpability of the murdererenhance the culpability of the murderer Murdering a police officerMurdering a police officer Committing murder while escaping from prisonCommitting murder while escaping from prison
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Felony MurderFelony Murder
A rule that established murder liability for a A rule that established murder liability for a defendant if another person dies during the defendant if another person dies during the commission of certain feloniescommission of certain felonies
The rule is intended to deter negligent and The rule is intended to deter negligent and accidental killings during the commission of a felonyaccidental killings during the commission of a felony
The rule creates a form of strict criminal liability for The rule creates a form of strict criminal liability for any death that results from the commission of a any death that results from the commission of a felonyfelony
Critics of the rule point out that an Critics of the rule point out that an unintended actunintended act cannot be deterredcannot be deterred
Most states use an Most states use an inherently dangerousinherently dangerous test in test in order to decide when the felony murder rule appliesorder to decide when the felony murder rule applies
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
ManslaughterManslaughter
Manslaughter is defined as:Manslaughter is defined as: An unlawful killingAn unlawful killing Of a human beingOf a human being Without maliceWithout malice
Two categories:Two categories: Voluntary manslaughterVoluntary manslaughter Involuntary manslaughterInvoluntary manslaughter
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Voluntary ManslaughterVoluntary Manslaughter
The unlawful killing of a human The unlawful killing of a human being, without malice, which is done being, without malice, which is done intentionally during a sudden quarrel intentionally during a sudden quarrel or in the heat of passion, oror in the heat of passion, or
The killing committed without lawful The killing committed without lawful justification, wherein the defendant justification, wherein the defendant acted under a sudden and intense acted under a sudden and intense passion resulting from adequate passion resulting from adequate provocationprovocation
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Involuntary ManslaughterInvoluntary Manslaughter
An unintentional killing for which An unintentional killing for which criminal liability is imposed but that criminal liability is imposed but that does not constitute murderdoes not constitute murder
The unintentional killing of a person The unintentional killing of a person during the commission of a lesser during the commission of a lesser unlawful actunlawful act
The killing of someone during the The killing of someone during the commission of a lawful act, which commission of a lawful act, which nevertheless results in an unlawful nevertheless results in an unlawful deathdeath
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Negligent HomicideNegligent Homicide
This general type of criminal homicide does This general type of criminal homicide does not exist in the codes of all jurisdictionsnot exist in the codes of all jurisdictions
Generally thought to be below that of Generally thought to be below that of manslaughtermanslaughter
Similar in seriousness to vehicular homicide Similar in seriousness to vehicular homicide which is the killing of a human being by the which is the killing of a human being by the operation of a motor vehicle by another in a operation of a motor vehicle by another in a reckless manner likely to cause the death, or reckless manner likely to cause the death, or great bodily harm to, another great bodily harm to, another
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
SuicideSuicide
Involves the intentional death of a human Involves the intentional death of a human beingbeing
Sometimes brought about with the Sometimes brought about with the assistance of another personassistance of another person
Only one state (Oregon) permits physician-Only one state (Oregon) permits physician-assisted suicideassisted suicide
Most states have statutes that refer to Most states have statutes that refer to passive action as assisting suicide while passive action as assisting suicide while active steps to end the life of another is active steps to end the life of another is murder, even if at the request of the “victim”murder, even if at the request of the “victim”
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Discussion QuestionsDiscussion Questions
What are the three types of criminal What are the three types of criminal homicide?homicide?
Define deathDefine death Distinguish between murder and Distinguish between murder and
manslaughtermanslaughter What is meant by malice What is meant by malice
aforethought?aforethought? Should assisted suicide be legal?Should assisted suicide be legal?
Criminal Law TodayBy Frank Schmalleger, PH.D
PRENTICE HALL©2006 Pearson Education, Inc.Upper Saddle River, NJ 07458
Do Do youyou have any questions?? have any questions??