Homicide The killing of one human being by another The killing of one human being by another –Most serious of all acts –Can be criminal or noncriminal.

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Presentation transcript:

Homicide The killing of one human being by another The killing of one human being by another –Most serious of all acts –Can be criminal or noncriminal Criminal Homicide: Criminal Homicide: –Murder = most serious form of CH done with malice = intent to kill or seriously harm OR done with malice = intent to kill or seriously harm OR acting in a reckless manner, shows a lack of regard for human life 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: 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: 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: Euthanasia vs. Assisted Suicide: –What’s the difference? Assisted Suicide vs. Euthanasia Assisted Suicide vs. Euthanasia Assisted Suicide vs. Euthanasia Assisted Suicide vs. Euthanasia

Physician Assisted Suicide Laws

Criminal Homicide Cont… Felony Murder: 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 The Case of Trevor Jones in Colorado, 17 Years Old, Life W/O ParoleThe Case of Trevor Jones in Colorado, 17 Years Old, Life W/O Parole

Criminal Homicide Cont… Voluntary Manslaughter: 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” 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 Scott Roeder-Murder of Abortion Clinic Doctor in KansasScott Roeder-Murder of Abortion Clinic Doctor in Kansas

Criminal Homicide Cont… Involuntary Manslaughter: 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 Pharmacist Charged With Involuntary ManslaughterPharmacist Charged With Involuntary Manslaughter Negligent Homicide: 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 Killing that is justifiable or excusable Killer is deemed faultless Killer is deemed faultless Examples: 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)

Suicide Deliberate taking of one’s own life. Deliberate taking of one’s own life. – a plea for help –Someone who helps can be found guilty of murder or manslaughter. Every 15 minutes. Every 15 minutes. –3 rd leading cause of deaths among yr. olds.

Kidnapping Unlawful imprisonment, or abduction. Unlawful imprisonment, or abduction. –Originally referred to stealing children. When taken across state lines, it’s a federal crime. When taken across state lines, it’s a federal crime.