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D.A. Decides charges if any (Pros. Discretion)

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1 D.A. Decides charges if any (Pros. Discretion)
Homicide D.A. Decides charges if any (Pros. Discretion)

2 Learning Target Analyze the different types of Murder charges and be able to apply them in this class.

3 Murder – 1st Degree Killing with Premeditation (Planned out) and Malice (Intent to Kill).

4 Murder – 2nd Degree Killing w/o premeditation, with malice.

5 Manslaughter – 1st Degree (Man 1)/Voluntary Manslaughter
Killing w/o premeditation, with malice, and with mitigating circumstances that caused the defendant to kill. (ex, spouse finds other spouse cheating in the act)

6 Manslaughter – 2nd Degree (Man 2) / involuntary Manslaughter
Non-intentional killing. Death caused by the defendant’s reckless/negligent behavior (ex, Driving a car too fast & running a person over).

7 Legal Killings Accident (non-negligent behavior)

8 Legal Killings Military / War

9 Legal Killings Self-Defense (Felt life was in imminent danger, you or others) (Plead not-guilty with self-defense)

10 Legal Killings Euthanasia (illegal, some charged with Murder 1 or Manslaughter, some not charged at all)

11 Homicide Situation # 1 Walt decides to shoot Yolanda, whom he blames for all his troubles. As he is driving to her home to carry out the murder, Walt hits a jogger who has darted out from behind a tree. Stopping immediately, he rushes to help the jogger, who is already dead. Walt is upset until he discovers that the dead jogger is Yolanda. Assuming Walt is driving at a safe speed and the collision was unavoidable, is he guilty of murder?

12 Homicide Situation # 2 Belva is cheated when she buys a car from Fast Eddie’s Car Mart. She attempts to return the car, but Eddie just laughs and tells her to go away. Every time Belva has to make a repair on the car, she gets angry. Finally she decides to wreck Eddie’s car to get even. Following Eddie home from work one evening, Belva tries to ram his car, hoping to bend the axle or frame. Instead of bending the frame, the collision smashes Eddie’s gas tank, causes an explosion, and kills Eddie Is Belva guilty of any degree of murder?

13 Homicide Situation # 3 Wilfred, age 75 has been suffering from cancer for 10 years, and the pain has become worse and worse. The doctors say there is no treatment to either slow down the cancer’s growth or substantially reduce the pain. Wilfred asks his wife, Martha, to relieve him of the terrible pain by bringing him a bottle of pills that would help him end his life. Martha, who cannot stand watching Wilfred suffer anymore, gives him the pills. He swallows them and dies. If you were the DA in Martha’s state would you file criminal charges against her?


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