1. MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved.

2. The student will be able to: 1. Discuss the elements of murder 2. Distinguish the different types of homicides and the differences in murder and capital murder 3. Analyze infamous murder cases 4. Evaluate what crimes apply to different cases UNT in partnership with TEA, Copyright ©. All rights reserved. 2 Objectives

3. Murder Also known as criminal homicide Different than homicide, which simply means one person killing another. 3 UNT in partnership with TEA, Copyright ©. All rights reserved.

4. Ch 19 Penal Code UNT in partnership with TEA, Copyright ©. All rights reserved. 4 What does someone's culpable mental state have to be to be charged with homicide? Review: what are the culpable mental states?

5. Culpable Mental States (CMS) UNT in partnership with TEA, Copyright ©. All rights reserved. 5 Culpable Mental States (CMS)  the only thing that changes in homicide  determines the level of punishment  Examples:  Intentional  Knowing  Reckless  Criminally Negligent

6. Requirements of Murder UNT in partnership with TEA, Copyright ©. All rights reserved. 6 Requirements of Murder 1. Intentionally or knowingly cause the death of an individual OR 2. Intend to cause serious bodily injury and commit an act clearly dangerous to human life that causes the death of an individual OR

7. Requirements of Murder UNT in partnership with TEA, Copyright ©. All rights reserved. 7 Requirements of Murder (continued) 3. Commit or attempt to commit a felony (other than manslaughter) and commit or attempt to commit an act clearly dangerous to human life that causes the death of an individual All of these constitute First Degree Murder  Examples:  Shamrock Murder  Ft. Worth woman and homeless man

8. Requirements of Capital Murder UNT in partnership with TEA, Copyright ©. All rights reserved. 8 Capital Offense: A person commits First Degree Murder and one of the following apply: 1. victim is a police officer or fireman acting in the lawful discharge of an official duty  person must know the victim is a police officer or fireman  Example: undercover agent?

9. Requirements of Capital Murder UNT in partnership with TEA, Copyright ©. All rights reserved. 9 First Degree Murder plus one: 2. the person intentionally commits the murder in the course of committing or attempting to commit:  Obstruction  Retaliation  Burglary  Aggravated sexual assault  Arson  Robbery  Kidnapping  Terroristic threat  (O.R.B.A.A.R.K. - T.)

10. Requirements of Capital Murder UNT in partnership with TEA, Copyright ©. All rights reserved. 10 First Degree Murder plus one: 3. murder for hire (remuneration) ‏ 4. person commits murder while escaping or attempting to escape from a penal institution 5. person commits murder of a penal institution employee or participates in a gang during the murder (prison gangs) ‏

11. Requirements of Capital Murder UNT in partnership with TEA, Copyright ©. All rights reserved. 11 First Degree Murder plus one: 6. person murders another while incarcerated for:  Capital murder  Murder  Serving life or 99 years in prison for: Kidnapping Aggravated sexual assault Aggravated robbery

12. Requirements of Capital Murder UNT in partnership with TEA, Copyright ©. All rights reserved. 12 First Degree Murder plus one: 7. person murders more than one person during:  the same criminal transaction or  different criminal transactions to the same course of conduct 8. victim is under 6 years of age 9. person murders a judge for retaliation purposes

13. Capital Murder UNT in partnership with TEA, Copyright ©. All rights reserved. 13 If the jury does not find proof beyond a reasonable doubt for capital murder, they can convict the person of murder or a lesser charge.

14. Second Degree Murder UNT in partnership with TEA, Copyright ©. All rights reserved. 14 Second Degree Murder 1. The person commits murder 2. The murder was a result of “sudden passion” from an “adequate cause”  definitions from penal code 3. Is determined during the punishment stage of trial

15. Manslaughter UNT in partnership with TEA, Copyright ©. All rights reserved. 15 Manslaughter  person recklessly causes the death of another  Second Degree Felony  did NOT intend to kill someone  did intend to engage in the behavior that caused the death

16. Criminally Negligent Homicide UNT in partnership with TEA, Copyright ©. All rights reserved. 16 Criminally Negligent Homicide A person causes the death of another by criminal negligence State Jail Felony

17. Resources UNT in partnership with TEA, Copyright ©. All rights reserved. 17 Texas Penal Code: http://www.statutes.legis.state.tx.us/ http://www.statutes.legis.state.tx.us/