Chapter 9: Part I “Crimes Against the Person”

Homicide The killing of one human being by another Criminal Homicide: Most serious of all acts Can be criminal or noncriminal Criminal Homicide: Murder = most serious form of CH done with malice = intent to kill or seriously harm OR acting in a reckless manner, shows a lack of regard for human life Historical Context: Used to be no “degrees” of homicide; all homicides with malice were punishable by death

Homicide Statistics

Criminal Homicide Cont… First Degree Murder: premeditated, deliberate and done with malice *premeditation and deliberation can occur very close to the time of the homicide Second Degree Murder: done with malice No premeditation or deliberation Intent to kill did not exist until the moment of the murder Intentional, but spontaneous killing that is unplanned Euthanasia vs. Assisted Suicide: What’s the difference? Assisted Suicide vs. Euthanasia

Physician Assisted Suicide Laws

Criminal Homicide Cont… Felony Murder: occurs during commission of certain felonies (arson, rape, robbery etc…) Not necessary to prove intent to kill (malice) Malice is assumed b/c murder was committed during the felony…even if it was accidental *Most state consider felony murder to be first-degree murder even though malice, premeditation and deliberation do not need to be proven The Case of Trevor Jones in Colorado, 17 Years Old, Life W/O Parole

Criminal Homicide Cont… Voluntary Manslaughter: Killing that would be considered murder, but victim did something to killer that would cause a reasonable person to lose self-control or act rashly (ex- catching spouse with another in a passionate manner) Killing must occur just after the being provoked Killer cannot have an opportunity to “cool down” Punished somewhat less harshly due to the “frailty of human character” Scott Roeder-Murder of Abortion Clinic Doctor in Kansas

Criminal Homicide Cont… Involuntary Manslaughter: Unintentional Killing Results from conduct so reckless that it causes extreme death or bodily injury Ex: playing with a gun that is known to be loaded Pharmacist Charged With Involuntary Manslaughter Negligent Homicide: Causing of death through criminal negligence Negligence = failure to exercise reasonable or ordinary amount of care, causes harm to someone Most Common: Vehicular Homicide Some states classify “gross or extreme” negligence as involuntary manslaughter

Noncriminal Homicide Killing that is justifiable or excusable Killer is deemed faultless Examples: Killing of an enemy soldier in wartime Killing condemned criminal by an executioner Killing by a police officer of a person who is committing a serious crime (must pose threat of death or serious harm/self-defense)

Assault and Battery Assault = Battery = Any attempt or threat to carry out a physical attack upon another person Battery = Any unlawful physical contact inflicted by one person upon another without physical consent Actual injury is not necessary Person must intend to do bodily harm

Classifications for Assault and Battery Assault with intent to Rob Assault with intent to Murder Aggravated Battery = usually an unarmed assault (unlike above) Assault and Battery is often related to harassment, growing problem in many states

Stalking Stalking = occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury Women are usually the targets of stalkers…but not always