1. Chapter 9: Part I “Crimes Against the Person”

2. 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

3. Homicide Statistics

4. 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

5. Physician Assisted Suicide Laws

6. 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

7. 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

8. 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

9. 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)

10. 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

11. 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

12. 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