1. CHAPTER 8 CRIMES AGAINST THE PERSON

2. Crimes against the person Crimes Against the Person Crimes Against the Person Role Of Paralegal Role Of Paralegal

3. INTENT: MENS REA/ACTUS REA Specific – D intended to commit a particular crime. Ex. Intent to murder. Specific – D intended to commit a particular crime. Ex. Intent to murder. General – D must be aware of his actions and must have formed the mental state necessary to carry out scheme. Intent to “carry out the crime is enough” General – D must be aware of his actions and must have formed the mental state necessary to carry out scheme. Intent to “carry out the crime is enough”

4. STRICT LIABILITY No mens rea necessary No mens rea necessary Illegal regardless of intent Illegal regardless of intent

5. PREMEDITATION Forethought to commit crime Forethought to commit crime Forethought on how to commit crime Forethought on how to commit crime

6. MURDER 1ST DEGREE 2ND DEGREE With Malice With Malice Specific Intent Specific Intent Premeditation Premeditation Lying in wait Lying in wait With Malice General Intent No Premeditation No time to consider

7. Malice Intentional Injury without any moral or legal justification for harming someone. Intentional Injury without any moral or legal justification for harming someone. Unlawful intent to kill Unlawful intent to kill

8. Motive Not necessary element of proof in murder case Not necessary element of proof in murder case Jury wants to hear a motive Jury wants to hear a motive Defense argues no motive Defense argues no motive prosecution introduces motive prosecution introduces motive

9. CORPUS DELECTI Necessary element Necessary element The body ( but see “no body cases”) The body ( but see “no body cases”)

10. FELONY MURDER 1 ST Degree murder charge for killing during the commission of a felony, ie. Robbery 1 ST Degree murder charge for killing during the commission of a felony, ie. Robbery Public policy Public policy

11. MANSLAUGHTER Voluntary Voluntary Unlawful Unlawful Death of human being Death of human being Heat of passion Heat of passion Sudden overwhelming passion Sudden overwhelming passion No cooling off period No cooling off period Provocation Provocation Involuntary Without malice Without intent to injure or kill Causes death of human being

12. CRIME PUNISHMENT Premeditated murder Premeditated murder Malice Murder Malice Murder Felony Murder Felony Murder Manslaughter Manslaughter Invol. Manslaughter Invol. Manslaughter Neg homicide Neg homicide Vehicular homi. Vehicular homi. Justifiable homi. Justifiable homi. Death or Life in Prison Life Death or Life in Prison Varies: 25 to Life Varies No Punishment

13. ROLE OF PARALEGAL Detailed review of autopsy report Detailed review of autopsy report

14. OTHER CRIMES Assault Aggravated Assault Domestic Violence Child abuse