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Chapter 9.  Learn the types and elements of criminal homicide  Be able to distinguish criminal from non- criminal homicide  Learn the elements of assault.

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Presentation on theme: "Chapter 9.  Learn the types and elements of criminal homicide  Be able to distinguish criminal from non- criminal homicide  Learn the elements of assault."— Presentation transcript:

1 Chapter 9

2  Learn the types and elements of criminal homicide  Be able to distinguish criminal from non- criminal homicide  Learn the elements of assault and battery  Understand the elements of the major sex crimes

3  Homicide is the killing of one person by another  Most types of murder require proof of malice, an intent to kill, to seriously harm, or acting in a manner that shows disregard for human life  1 st Degree—requires premeditation/ deliberation plus malice  2 nd Degree—malice, but no premed./delib.  Felony murder—killing that takes place during commission of another felony (malice presumed)

4  Voluntary manslaughter—killing done with provocation—something the victim does to the attacker that would cause a reasonable person to lose control  Must be done “in the heat of passion” with no “cooling off”  Example: John finds Bill kissing his wife and shoots him  Involuntary manslaughter—killing resulting from a non-intentional act (playing with a gun that goes off)  Negligent homicide—death through criminal negligence (lack of care)—vehicular homicide. Usually requires gross negligence (really extreme behavior)

5  Complete problem 9.1/9.2 on page 105  Alison and Brad need money to pay their bills and decide to rob a bank. Brad drives the getaway car. Alsion goes into the bank and pull out her gun, announcinc, “This is a stickup. Don’t move!” The bank guard Gordon, shoots at Alison but misses, killing Dawn, a bank customer.  Who can be charged with the crime of homicide? Which degree of homicide should be charged, give reasons

6  A killing that is justifiable or excused  Examples?  Law enforcement killings to stop/prevent violent felonies  Soldiers in battle  Death penalty executions  Self-defense or defense of others  Is suicide/attempted suicide a crime?  Generally, modern legal codes treat it as a mental health issue  “Assisted suicide” is still criminal homicide in most states (3 states make it non-criminal)

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8  Assault—attempt or threat to carry out a physical attack on a person  Battery—an unlawful physical contact inflicted without consent (harm not required, only intent to harm)  Most modern codes treat them the same  Are boxing/football/wrestling considered battery?  Aggravated—may be based on use of a weapon and/or degree of harm caused  Stalking—most states now make it a separate crime to repeatedly harass or follow a person

9  Rape—sexual intercourse without consent (is not limited to traditional male-female intercourse)  Statutory rape—intercourse between an adult and a minor (lowered to 16 in many states)  Theory—minors are incapable of giving legal consent  Sexual assault—sexual touching without penetration  Date rape—victim and perpetrator know each other  Can a woman be guilty of statutory rape of a minor boy?  Rape shield laws—victim’s sexual history inadmissible at trial

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