1. Welcome to CJ 230 Criminal Law for Criminal Justice Unit 7 Anthony Gurrola, JD Adjunct Professor AIM: CrimJPro E-mail: Agurrola@Kaplan.edu Office Hours: Sun 9-10PM Wed 10-11PM EST Turn on your speakers!

2. Unit 6 Assignments Seminar or Alternative Paper Quiz Discussion Board Chapter 10 in Lippman & on-line Material

3. Unit 7 Assignments Read Chapter 11 in Contemporary Criminal Law Respond to the Discussion Board Attend Seminar Take the Quiz

4. Homicide/ Murder Murder and the Death Penalty – Why is the death penalty an option for murder but not for: Rape Violent cases where people end up handicapped Violent crimes against children Violent Crimes against the elderly?

5. Murder First Some Definitions: Malice aforethought- an intent to kill, ill will or hatred coupled with a design to accomplish that killing. This is basically premeditated murder. First Degree Murder- Premeditation and deliberation and murder committed in the perpetration of various dangerous felonies.

6. Murder Second Degree Murder- Killing with malice and without premeditation. This may include a death resulting from an intent to cause serious bodily harm. Voluntary Manslaughter- Murder in the heat of passion. Involuntary Manslaughter- Gross negligence. Reckless Homicide.

7. Murder Capital Murder- Murder punishable by the death penalty in states where the death penalty is available and by life imprisonment in non death penalty states.

8. Murder States all have slightly different definitions of murder. For example, you are guilty of 1 st degree murder in Illinois, unless there is some circumstance with which to lessen your murder to second degree. Second Degree Murder - An erroneous belief in self defense? What do you think this means?

9. Murder Many states have Depraved Heart Murder--Other States call this Reckless Homicide Depraved Heart Murder is:

10. Murder Conduct. The defendant’s act must create a very high degree of risk or serious bodily injury. Keep in mind that the act must be highly dangerous. Intent. The defendant must be aware of the danger created by his or her conduct. Some courts merely require that a reasonable person would have been aware of the risk. Danger. The common law appeared to require that a number of individuals were placed in danger; the modern view is that it is sufficient that a single individual is at risk.

11. Murder Can anyone think of any examples of Depraved Heart Murder or reckless homicide?

12. Murder Russian Roulette? Training dogs to fight and allowing them to roam free? Drunk Driving?

13. Murder Felony Murder: Strict liability. A homicide committed during the course of a felony. (Most states require it to be a dangerous felony). There is no requirement of intent to kill. All of the actors in the felony are responsible for the murder.

14. Murder Felony murder: Can anyone give any examples of felony murder?

15. Murder Consider this scenario: Three armed gunmen enter the apartment of a known drug dealer. They enter with the intent of stealing the drugs from the dealer in the apartment. Once inside the drug dealer manages to get a gun and kills two of the offenders and holds the third one until the police arrive.Who is guilty of what crime in this case?

16. Murder Consider this scenario: Two 17 year old teenagers go into the local convenient store to rob it. They go inside armed with handguns, but they do not intend to shoot anyone. They only wanted to be taken seriously in order to get the money. They enter the store and pull a gun on the store owner who reaches below the counter pretending to get money, and pulls out his own gun. The store owner then shoots one of the 17 year old offenders and kills him. Can anyone be charged with murder?

17. Murder Felony Murder: Two high school students (both 18) decide to steal a car. When the police attempt to pull them over, they flee. During the course of the chase, the defendants accidentally run over an old lady crossing the street. Who is guilty of what? The driver? The passenger? Is it felony murder?

18. Murder Some facts and figures: The homicide rate almost doubled from the mid-1960s to the late 1970s. In 1980, the homicide rate reached 10.2 per 100,000 population and then fell to 8.0 per 100,000 in 1984. The homicide rate then began to rise once again, reaching 9.8 per 100,000 in 1991. Between 1992 and 2000, the homicide rate again declined and now has stabilized

19. Murder African Americans are six times more likely to be victimized by homicide and seven times more likely to commit homicide than are Caucasians. Males account for three-quarters of homicide victims and comprise almost 90% of offenders. Males are 3 times more likely to be killed and 8 times more likely to commit homicide than are females. 25–34 year olds are the only age group to witness an increase in homicide victimization rates since the late 1990s. 18–24 year olds have the highest offending rates. Over one-quarter of the victims of gang-related killings are under the age of 18.

20. Murder The Death Penalty: Is it worth it? Should we have it? Can you think of arguments FOR the death penalty? Can you think of arguments AGAINST the death penalty?

21. Murder What does deterrent mean? Is the death penalty and effective deterrent to any crime?

22. Murder Many states have limited the crimes for which a person can receive the death penalty. In Illinois, for example: Police officer, firefighter engaged in course of duty, Employee of department of corrections engaged in duty, Killed two or more people, Murder for hire,

23. Murder Murder as part of a hijacking, Felony murder, if they are the actual murderer, Murder of a witness, Murder of a child, in brutal way, Murder of an EMT, engaged in duty, Torture, Drive by shooting, Murder of a teacher, Murder of a victim with an order of protection.

24. Murder So what do you think of Illinois list, should anything be added? Should anything be taken off?

25. Murder Death Penalty Statistics: In 2008, 37 inmates executed, 5 fewer than 2007. 18 in Texas; 4 in Virginia; 3 each in Georgia and South Carolina; 2 each in Florida, Mississippi, Ohio, and Oklahoma, and 1 in Kentucky. 41 States didn’t execute anyone. Of persons executed in 2008: -- 20 were white -- 17 were black

26. Murder Death Penalty Statistics: The number of prisoners under sentence of death decreased for the seventh consecutive year in 2007. Among inmates under sentence of death and with available criminal histories at yearend 2007: -- nearly 2 in 3 had a prior felony conviction -- 1 in 12 had a prior homicide conviction.

27. Murder Death Penalty Stats: Among persons for whom arrest information was available, the average age at time of arrest was 29; nearly 1 in 9 inmates were age 19 or younger at the time of arrest, At yearend 2007, the youngest inmate under sentence of death was 19; the oldest was 92. All stats taken from the U.S. Department of Justice. http://www.ojp.usdoj.gov/bjs/cp.htm

28. Murder Seminar Quiz Discussion Board Chapter 11

29. Our Seminar is ending.... If I didn’t respond to a question or comment by you during seminar, please repeat your question in an email or talk to me after class. I want everyone to succeed & to do their best in class. I will assist you to accomplish that goal. If you call or e-mail me, I will respond as soon as practicable... 760-703-1012.