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CCJ4614 CRIM BEHAVIOR FINAL REVIEW Davies book chapters 2 4 12 11 9 10 8 18 17 Chapter 2 definitions and degrees US state law throughout the US except in Louisiana that has a French tradition is based on English Common Law As state legislatures enacted or updated their laws regarding homicide over the last half of the 20th century most have instituted homicide laws modeled on the Model Penal Code Mala in se wrong in itself crimes that are naturally evil or bad homicide Mala prohibita defined as bad crimes that exist because we have defined a certain behavior as illegal or bad Felonies crimes that are more serious mala in se punishable by death or imprisonment of more than a year in a state prison or penitentiary Misdemeanors less serious crimes mala prohibita fined or imprisoned in jail for less than a year Model Penal Code 1962 defines homicide as A person is guilty of criminal homicide if he purposely knowingly recklessly or negligently causes the death of another human being Criminal homicide is murder manslaughter or negligent homicide o Purposely intentionally o Knowingly consciously o Recklessly without regard for the possible consequences o Negligently without concern or care Homicide code does not include the death of nonhumans and does not include the killing of a fetus Mens rea the killer s mental state Corporations will be found guilty of corporate homicide if business is managed with a reckless disregard for the possible consequences Unborn victims of violence act Bill makes it possible for prosecutors to charge an offender for harming or killing an unborn child in addition to any charges stemming from harm to the pregnant woman during the commission of certain federal crimes of violence Woman convicted of murder for the death of her stillborn baby because she should have known that using cocaine would harm her child upheld up US Supreme Court Malice aforethought having the intent to kill Killing to survive case where stranded people killed and ate friend is not justifiable Manslaughter the unlawful killing of a human being without premeditation murder without the malice aforethought or intent to do injury o In a common law killing to be considered manslaughter instead of first or second degree murder the malice aforethought would have to be lacking because of provocation o A limited number of situations are considered provocation enough to provoke a killing o Insulting words and invasion of property are not sufficient provocation for a death to be considered manslaughter Words threatening bodily harm may be sufficient but words alone are not enough o The court has found that infidelity by a girlfriend not a spouse is not enough to be provocation but finding a spouse in the act of adultery is likely to be considered sufficient provocation for killings one s spouse Common Law Definitions Model Penal Code Definitions First Degree Murder A killing that is intentional premeditated and deliberate Second Degree Murder A killing that is intentional but not premeditated or deliberate Voluntary Manslaughter A killing with no malice aforethought because of victim provocation heat of passion Murder A type of first degree murder defined as the unlawful killing with malice aforethought Voluntary Murder A type of first degree murder that is intentional killing with adequate provocation and committed in the heat of passion Manslaughter A killing committed with reasonable explanation or excuse such as duress Involuntary Manslaughter A killing that is unintentional and without Negligent Homicide A death caused by negligence such as that malice such as a careless driver by a careless driver Following common law involuntary manslaughter is intentional homicide Involuntary manslaughter differs from voluntary manslaughter in that there is no intent and from murder that there is no malice aforethought States vary in how they define heat of the passion Model penal code defines killing as manslaughter when committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse Model Penal Code places fewer restrictions on the extenuating circumstances that mitigate murder to manslaughter A person may be criminally liable if he or she fails to person a legal duty and the omission causes harm 13 states maintain a difference between degrees of murder so a distinction exists for the death penalty murders committed while a person is under the influence of alcohol or drugs are usually considered to be second degree murders if the intoxication reduced the intoxicated person s capacity to act deliberately and premeditate the killing felony murder if the death of a human occurs during a dangerous felony crime even if there was no specific intent to murder a person may be held accountable for the murder o even if the person dies as the result of a heart attack during the commission of a felony the person involved in the commission of the crime may be charged with felony murder you don t even have to be directly present to be charged with felony murder ex if a customer dies during the robbery the getaway driver may be charged with felony murder capital murders those in which the punishment may be death the federal gov t and 38 states allow for the punishment of death for murder o if the murder victim is a special class such as a correctional or police officer the killing may qualify as a capital offense o if the homicide meets special circumstances such as being one of a multiple murder or a particularly heinous nature it may qualify as a capital murder vehicular homicide may be considered negligent homicide in some states and manslaughter in others the double jeopardy clause of the 5th amendement only applies to criminal cases and does not extent to civil court o because of the 2 major differences between criminal and civil court rules it is easier to find someone responsible for a wrongful death than it is to find them guilty of murder o in civil cases the burden of proof is lower preponderance of evidence in criminal cases the burden of proof is beyond a reasonable doubt o in civil cases when the plaintiff faces the possibility of paying damages they must take the stand and testify o in criminal cases the person has the right not to testify justifiable homicide killings that are warranted o ex killing of a condemned inmate kill in combat in war when a private citizen kills a person who is committing a felony crime o deadly force by police

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