Crimes Against the Person

Personal Crimes Crimes against the person include: Homicide, assault, battery, and rape.

Homicide Homicide is the killing of one human being by another. Murder is the unlawful killing of one human being by another – Criminal Homicide is committed with intent, or a plan. Its is also considered Criminal Homicide (Murder)if a person’s reckless actions, without regard for human life, results in the killing of another person.

Homicide Cont.… Non-Criminal homicide can be classified as either “excusable” or “justifiable” and is not subject to criminal charges

Criminal Homicide Murder is the most serious form of criminal homicide. Murder is classified according to the killers state of mind or the circumstances surrounding the crime: – 1 st degree Murder – Felony Murder – 2 nd Degree Murder – Voluntary Manslaughter – Involuntary Manslaughter – Negligent Homicide

First Degree Murder Killing that is premeditated deliberate and done with malice – Malice means 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. Premeditation and deliberation can occur very close to the time of the homicide

Felony Murder Any killing that takes place during the course of committing another felony; such as: – Rape, robbery, or burglary Even if the killing was accidental, the malice from the felony will be transferred to the killing Most states consider felony murder to be first degree murder

Second Degree Murder Killing done with malice but without premeditation Second degree murder includes intentional but spontaneous killings that are unplanned

Voluntary Manslaughter Provoked Killing The killing must occur just after the provocation so that the killer did not have an opportunity to “cool down” – Example: A person kills the spouse’s lover over a jealous rage.

Involuntary Manslaughter Killing with no intent to kill at all Unintentional killing resulting from conduct so reckless that it caused extreme danger of death or seriously bodily harm. – Example: Playing with a loaded gun

Negligent Homicide Causing death through criminal negligence. Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someone. The most common form of negligent homicide is vehicular homicide.

Noncriminal Homicide Some homicides are not considered crimes at all. Noncriminal homicide are killings that are justifiable or excusable. – Example: Killing and enemy soldier at war, criminal executions, killing in self –defense or in the defense of others

Suicide The deliberate taking of ones life. State regard attempted suicide as a crime. Courts often treat suicide as a cry for help. Assisted suicide is unlawful and the person may be charged with murder or manslaughter Suicide is one of the leading causes of death amongst teens. The CDC reported that on average, a high school student succeeds in killing himself or herself every 15mins

Assault and Battery Assault is any attempt or threat to carry out a physical attack upon another person. Battery is any unlawful physical contact inflicted by one person upon another without consent.

Assault and Battery Continued Simple assault is the most common form of assault; usually including pushing and shoving. Aggravated assault is where medical assistance in needed. Many states classify fist fights where no medical assistance is needed as battery.

Rape Rape is defined as sexual intercourse without Consent Forcible rape is rape done without consent and by force Statutory Rape is rape done without consent but not necessarily by force

Rape Continued Most rape is committed by an acquaintance Rape is the most under reported personal crime Victims of rape state embracement, fear and not wanting t o revile their sexual history a reasons why they were reluctant to report being raped