HOMICIDE MRS. ORTEGA, LAW STUDIES. HOMICIDE INCLUDES TWO BASIC CRIMES MURDER: USUALLY 3: 1 ST DEGREE, 2 ND DEGREE AND FELONY MURDER MANSLAUGHTER: 2: VOLUNTARY.

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Presentation transcript:

HOMICIDE MRS. ORTEGA, LAW STUDIES

HOMICIDE INCLUDES TWO BASIC CRIMES MURDER: USUALLY 3: 1 ST DEGREE, 2 ND DEGREE AND FELONY MURDER MANSLAUGHTER: 2: VOLUNTARY AND INVOLUNTARY

MURDER KILLING WITH MALICE (ILL WILL) AFORETHOUGHT ACT: KILLING OR CAUSING DEATH MENTAL STATE: MALICE AFORETHOUGHT PURPOSEFUL KNOWING

MURDER FIRST-DEGREE MURDER PREMEDITATED MURDER (PLANNED) SECOND-DEGREE MURDER A MURDER THAT IS NOT PREMEDITATED; INTENT TO KILL DID NOT EXIST UNTIL THE MOMENT OF THE MURDER. (INTENTIONAL BUT SPONTANEOUS KILLINGS THAT ARE UNPLANNED) FELONY MURDER UNINTENDED DEATH OF SOMEONE DURING THE COMMISSION OF A FELONY

MANSLAUGHTER VOLUNTARY MANSLAUGHTER INTENTIONAL KILLING IN THE HEAT OF PASSION AS A RESULT OF SEVERE PROVOCATION. THE REASONABLE PERSON WOULD HAVE REACTED THIS WAY! THEREFORE SOCIETY FEELS BAD FOR THE PERSON WHO DID THE KILLING AND CHARGES HIM/HER WITH MANSLAUGHTER INSTEAD OF 2 ND DEGREE MURDER. HENCE, THE KILLER LOSES CONTROL IN RESPONSE TO THE VICTIM'S ACTIONS ALTHOUGH THE KILLER IS STILL RESPONSIBLE FOR THE KILLING, THE LAW RECOGNIZES THAT THE KILLER HAD AN ALTERED STATE OF MIND THAT MAY HAVE PREVENTED HIM OR HER FROM ACTING RATIONALLY.

MANSLAUGHTER INVOLUNTARY MANSLAUGHTER UNINTENTIONAL KILLING + RECKLESS CONDUCT EX: PLAYING WITH A GUN KNOWN TO BE LOADED; FIRING A WEAPON INTO THE SKY TO CELEBRATE THE 4 TH OF JULY.