1. TO DO Order A Time to Kill by John Grisham Field Trip to Jail  Feb. 21 st  Initial form is already submitted  Need info for those driving themselves

2. Crimes Against the Person

3. These are typically the types of crimes that we see on television—Law & Order, Criminal Minds, etc. What are examples of these types of crimes?  Homicide  Assault  Battery  Rape  Etc.

4. Homicide Definition  The killing of one human being by another Most serious crime against the person Criminal homicide is committed with intent  Can also be considered this if a person’s reckless actions, without regard for human life, results in the killing of another person Noncriminal homicide is not subject to criminal charges  Can be classified as “excusable” or “justifiable”

5. Criminal Homicide Murder  Most serious form of criminal homicide  Killing that is done with malice  Malice defined: “having the intent to kill or seriously harm another person or acting in an extremely reckless manner which shows a lack of regard for human life”  Any homicide done with malice is considered to be murder and punishable by death.  Today, most states have statutes that classify murder according to the killer’s state of mind and the circumstances surrounding the crime

6. Types of Murder First-degree murder  Killing that is pre-meditated, deliberate, and done with malice  It is an action with an intent to kill or cause severe bodily injury or with a depraved indifference to human life Felony murder  Killing that takes place during the commission of certain felonies (such as arson, rape, robbery, or burglary)  It is not necessary to prove intent as malice is presumed because the homicide occurred during the felony, even if the killing was accidental  Most states consider felony murder to be first-degree murder regardless of whether malice, premeditation, and deliberation exist

7. Types of Murder Second-degree murder  Killing that is done with malice but without premeditation or deliberation  Meaning the intent did not exist until the moment of the murder  This includes intentional and spontaneous killings that are unplanned

8. Criminal Homicide (cont.) Voluntary manslaughter  Killing that would otherwise be murder, but occurs after the victim has done something to the killer that would cause a reasonable person to lose self-control or act rashly  Example  a person who kills someone after a violent quarrel without first planning to do so  Typical example  husband walks in on wife having an affair and kills her in a jealous rage  Punished less severely than murder as a concession to the “frailty of human character”

9. Criminal Homicide (cont.) Involuntary manslaughter  Killing in which there is no intent to kill at all  Unintentional kill resulting from conduct so reckless that it causes extreme danger of death or bodily injury  Example  killing that results from playing with a gun known to be loaded Negligent homicide  Causing death through criminal negligence  Negligence=failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someone  Common form is vehicular homicide (although some states call this involuntary manslaughter)  Most vehicular deaths lead to a civil suit for damages, but it is not usually considered a crime unless the death results from gross negligence

10. Noncriminal Homicide Definition  Killing that is justifiable or excusable and for which the killer is deemed faultless Examples  Killing of an enemy soldier during wartime  Killing of a condemned criminal by an executioner  Killing by police officer of a person who is committing a serious crime and who poses a threat of death or serious harm  Killing in self-defense or in defense of another person

11. Suicide Definition  Deliberate taking of one’s own life Was once considered a crime  Today, states that regard it as a crime only prohibit attempted suicide  Courts will then often require the person to undergo a psychological evaluation and receive treatment However, someone who helps another person commit suicide can be guilty of murder or manslaughter Suicide is a growing problem in America amongst all age groups and there are many options for help (crisis hotlines, help groups, online resources, friends, family, etc.)

12. CDC Statistics

13. Case Study #1 For each case write the following on your paper: 1.) who can be charged with homicide and 2.) the degree of homicide they should be charged: 1. Harison decides to shoot Emily, whom he blames for all his troubles. As he is driving to her home to carry out the murder, he accidentally hits a jogger who darted out from behind a tree. Stopping immediately, Harison rushes to help the jogger, who is already dead. Assume that Harison was driving at a safe speed and that the collision was unavoidable.  Harison wouldn’t be charged with the jogger’s death, assuming he called the police and remained at the scene. If Harison were to follow through with killing Emily, he would be charged with first-degree, premeditated murder

14. Case Study #2 For each case write the following on your paper: 1.) who can be charged with homicide and 2.) the degree of homicide they should be charged: 2. Marissa is cheated when she buys a car from Fast Eddie’s Car Mart. She attempts to return the car, but Eddie just laughs and tells her to go away. Every time Marissa has to make a repair on her car, she gets angry. Finally, she decides to wreck Eddie’s car to get even with him. Following him home from work one evening, Marissa tries to ram his car, hoping to bend the axle or the frame. Instead of bending the frame, the collision smashes Eddie’s gas tank, causes an explosion, and kills him.  Her actions will likely be seen as negligence or gross negligence and will likely be charged with involuntary manslaughter or negligent homicide. Marissa would not be charged with felony murder since an attempted fender bender is not a felony.

15. Case Study #3 For each case write the following on your paper: 1.) who can be charged with homicide and 2.) the degree of homicide they should be charged: 3. Kyle and Savannah decide to rob a bank. Kyle drives the getaway car. Savannah goes into the bank and pulls out her gun, announcing, “This is a stickup. Don’t move!” The bank guard, Matthew, shoots at Savannah but misses, killing Jack, a customer.  Matthew would most likely not face any criminal charges since he was acting in the context of the appropriate conduct for a security guard. However, if the state has a felony murder rule, both Kyle and Savannah could be charged with the first-degree murder of Jack

16. HW Order book A Time to Kill by John Grisham!

17. Reminder Order book A Time to Kill by John Grisham!  We start reading this next week!!!

18. Assault and Battery Assault  Any attempt or threat to carry out a physical attack upon another person Battery  Any unlawful physical contact inflicted by one person upon another person without consent  Actual injury is not necessary  the only requirement is that the person must have intended to do bodily harm Today, there is not much difference in law or practice between the two uses of these terms

19. Classifications of Assault & Battery Simple assault  A threat with the ability to carry out a physical harm  Typically arguments between people who know each other Aggravated assault  A stronger form of assault, but usually with a deadly weapon  Other examples:  Attempted grievous bodily harm (rape, kidnapping, etc.)  Have sexual relations with someone under the age of consent  Cause bodily harm by recklessly operating a motor vehicle  Attempted harm to a police officer or other public servant

20. Classifications of Assault & Battery Simple battery  Intentionally making physical contact of an insulting or provoking nature, or intentionally causes physical harm to another Aggravated battery  More serious form of battery in which there is the use of a deadly weapon, serious bodily injury occurs, or against a police officer

21. Classifications of Assault & Battery Stalking  When a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury Sexual Assault  Specific kind of assault that can include rape or attempted rape  Wide range of victimization:  Verbal threats of a sexual nature  Unwanted sexual contact Grabbing, fondling, etc.  may (but does not have to) involve force  Both males and females can commit sexual assault  Like assault and battery, it can be either attempted or completed

22. Rape  Sexual intercourse without consent  Can’t consent if unconscious, mentally incompetent, or if drugs/alcohol impair the victim’s judgment Aggravated rape  When the perpetrator uses a weapon or some other form of force to compel the victim to have intercourse Statutory rape  Intercourse between an adult and a minor  Lack of consent is not an element of the crime because the notion is that a minor is incapable of giving consent  Many states are adding “age difference” requirements

23. Rape In the past, if a person were indicted for rape, the defense could introduce the victim’s past sexual behavior and reputation in order to show that she probably consented to the rape  Many states have passed “rape shield” laws to protect the victim  This requires independent proof that the act took place to convict a person of rape Acquaintance rape (a.k.a., date rape)  Sexual assault by someone known to the victim  This is often underreported because the victim may not realize an attack that occurs on a date can be constituted a rape

24. Case Study #1 For each case below, assume that the two people have sexual intercourse and the police find out about the sexual activity. How should each situation be handled?  At midnight, a man breaks into the home of a woman he does not know. He goes into her bedroom, awakens her, pulls out a knife, and threatens to stab her unless she has sex with him. She tells him that she does not want to have sex. But then she says, “If you’re going to do this, you better use a condom.” He agrees  The woman’s suggestion that a condom be used does not constitute consent. This man should be prosecuted for rape.

25. Case Study #2 For each case below, assume that the two people have sexual intercourse and the police find out about the sexual activity. How should each situation be handled?  A famous boxer serves as a judge at a beauty contest. After the contest, he invites an 18-year old contestant to his hotel room. She meets him there. Later, she says he forced her to have sex.  It depends on evidence. Many would argue that a woman should expect to engage in intercourse if she visit’s a man’s hotel room.

26. Case Study #3 For each case below, assume that the two people have sexual intercourse and the police find out about the sexual activity. How should each situation be handled?  A male high school student, aged 17, and a female high school student, aged 14, go out on a date. After attending a party, they agree to intercourse in his car. The next day, he brags about this at his school, and she goes to the police. There is some evidence that he is part of an informal organization of HS seniors who are involved in a competition to have sex with as many girls as possible.  Depends on state law. Many states would consider this statutory rape because she is considered a minor until the age of 16. Neither consent of a minor or mistaking her age are an acceptable defense

27. Case Study #4 For each case below, assume that the two people have sexual intercourse and the police find out about the sexual activity. How should each situation be handled?  Leo and Nina are college juniors who have had three dates. On these dates, they have never engaged in any sexual activity beyond a brief goodnight kiss. On their fourth date, he invites her to an all-night drinking party at his frat house. She drinks too much, goes up to his room alone around 1:00am, and falls asleep. In the morning, she wakes up to discover that she and Leo had intercourse during the night.  An unconscious victim cannot consent. This would be considered acquaintance/date rape.

28. Case Study #5 For each case below, assume that the two people have sexual intercourse and the police find out about the sexual activity. How should each situation be handled?  Lori, a 25-year old high school teacher, becomes a good friend of Jim, a 17-year old student in one of her classes. On a senior class trip to the state capital, Jim knocks on her hotel room door late at night. Lori lets him in, and they have sexual intercourse.  This is likely statutory rape. Most states also have specific laws prohibiting teachers from having sex with their students.

29. Movie Continue Ghosts of the Mississippi