Murder:Elements in SC:Unlawful killing with malice of forethought (express [said what you were thinking] or implied [jury decides]).No legal excuse, such as accidentSelf defenseThe court ahs to decide hatred, hostility, ill-will, malignant restlessness, extreme disregard for life – the jury is allowed to infer that you did it with malice. The victim has to have died within 3 years and a day for it to be murder. If they died 3 years and two days after what you did – then it’s not murder.Potential sentence is either 30 years to life in prison or life without parole or the death penalty for murder. Whatever sentence you do get, if you’re guilty of murder there is no parole, no early release programs, no work credits, no education credits, no time off for good behavior.Felony murder rule – if a person is killed while another person is committing a felony – the one committing the felony can be charged with murderi.e. two guys rob a store and an old lady kills one of them – the other guy can be charged with his murderMurder – don’t have to prove why they did it 30%General levels of Assault and Battery:Lowest level – less included – all the elements of assault and battery are included in the greater crime in ABHAN but you have to have at least one additional elementAttempted murder – all of the elements of AB but have attempted murder. Not as bad as it looksMan slaughter – also known as voluntary man slaughterElements:Unlawful killing committed during heat of passionThat passion must be aroused by legally adequate probication – not any thing that makes you mad is okay for killingThe killing has to happen before the passion coolsThe passion has to be caused that a reasonable and ordinary person would also be inflamedKiller could not control himself or his emotions, he was so put over the edgeThis is a lesser charge than murder – takes into consideration human natureMere words is not adequate probication – law has to agree that probication as adequateIt is a felony and you are facing 2-30 yearsMalice is not present in man slaughter – that makes it a lesser chargeInvoluntary Manslaughter – unintentional killing with reckless disregard for the safety of othersElements:Have to have a killing – so reckless and put other in dangerConduct that you do has to have unreasonable risk to othersThis unreasonable risk and reckless disregard is the Mens Rea – did you intend to do it – noHad to knowingly know that what you were doing was dangerous/recklessi.e. stealing a stop sign and someone gets killed in the intersection – you will be help responsible for it0-5 years for thatHomicide by child abuse – causing the death of a child, under the age of 11 while committing child abuse with an extreme indifference to human life. – you didn’t intend to kill them, but you didn’t even care. The Mens Rea is the indifference to human lifeReckless Homicide – killing when driving a vehicle with the reckless disregard for the safety of others and the victim must die within 3 years. (i.e. racing cars and someone dies)Felony DUI – driving while under the influence of drugs or alcohol and you commit an act forbidden by law (speeding) or you neglect a duty imposed by law (not stopping at a stop sign) and you cause death or great bodily harm to another. This crime requires a result – which means great bodily injury to someone else. If the result is required then they have to show causationAdministering Poison – unlawfully and maliciously administering poison with the intent to kill. This crime does not require a result. They don’t have to get sick or even die. Just enough to administer it will get you in trouble. But if you had the intent to kill you could be charged with attempted murder as well.If both crimes have a separate element then you can be charged with both of them – lesser includedLynching – also known as Assault and Battery by MobAn act of violence on a person inflicted by a mob who assembled with the premeditated intent to commit violence on anotherA mob is 2 or more people (a fight with 2 against 1 is lynching)Now you have a group crime – members of the mob can be charged with lynching and conspiracy to lynch because you got together with the premeditated intent to do thisCriminal Domestic Violence – a special category of AB for household members. The statute specifically states who it can apply to – spouses, former spouses, persons who have a child in common, males and females who live together, and males and females who used to live together – you have to fit into one of these categories for it to be domestic violence. Does not apply to gaysCriminal Domestic Violence of a High and Aggravated Nature – has to have some aggravated nature that makes it more than just domestic violenceSerious injuryDeadly weaponMake them fear serious injury would occur – shot and missed20% of women in the ER have been batteredUnlawful Conduct Toward A Child – the child’s custodian does at least one of these things: places the child at an unreasonable risk of harm or maliciously harms the child in danger of his life or health or willfully abandons the childAlso applies to vulnerable adults – if you do any of these things to a vulnerable adult then you have violated this statuteCorporal punishment – spanking, if it is reasonable in manner (how you go about doing it) and moderate in degree (how much you do it) then it is not child abuse.Some people are required to report child abuse if they suspect child abuse it such as school teachers, child protective services. If you are required to report and you don’t – you can be help accountable for it.If you choose to report and report in good faith then you will not be subject to criminal liability – they cant sue you or put you in jail. You actually believed that the child is being abused.Child Endangerment – DUI when a child under the age of 16 is in the vehicle and the driver is at least 18.How do we prove under the influence?.08 is legal limit in SCblood testbreath test – data master determining your breath alcohol levelfield sobriety tests to figure out if you’re impairedjury has to first determine DUI, and then figure out if a child was endangeredCRJU 314 1st Edition Lecture 5Outline of Last Lecture I. Test One MaterialOutline of Current Lecture II. MurderIII. Felony Murder RuleIV. General Levels of Assault and Batterya. Lowest Levelb. Attempted Murderc. Man Slaughterd.