Unformatted text preview:

Final Exam study guide Murder book C h a p t e r 1 Introduction Why the fascination with homicide Linked to the sense of our own mortality and fear of our own deaths inexplicable of it foreign Homicide refers to the killing of one human by another and murder implies criminal intent both words were used interchangeably in text C h a p t e r 2 State legislatures have instituted homicide laws modeled on the Model Penal Code death penalty was at first the mandatory punishment for homicide first homicide statute dividing first and second degree murder first degree premeditated and malice afterthought or committed during the commission of another felony Mala Prohibita crimes that exist because we have defined a certain behavior as bad or illegal ex Jaywalking usually a misdemeanor Mala In Se naturally evil or wrong ex murder rape usually a felony Felony punished by death or imprisonment for more than a year Misdemeanor fined or imprisoned in jail for less than a year MODEL PENAL CODE Established uniform rational definitions of criminal offense and generated consistency in understandings about general crime concepts Criminal homicide under model penal code 1 person is guilty if he purposely intentionally knowingly you are aware you are doing it conscious recklessly ex shooting gun at ceiling and bullet comes back and hits your roommate or negligently not watching your child and they walk off and fall into pond causes the death of another human OR puts into motion the means that resulted in another s death ex todd telling lisa he would marry her if his wife was out the picture and lisa takes it literal and sends her brother to kill the wife lisa can be charged 2 criminal homicide is murder manslaughter or negligent homicide killing of a person is unlawful unless justifiable excusable mens rea killer s mental state FBI defines manslaughter murder willful killing of one human by another Murder Model penal code First degree murder MURDER 1 unlawful killing of 2 one person by another 3 with malice afterthought and with 4 deliberation purpose design or premeditation CAN BE DIVIDED INTO Murder 1 unlawful killing of 2 one person by another 3 with malice afterthought Voluntary murder 1 unlawful killing of 2 one person by another 3 intentional killing with adequate provocation and committed in the heat of passion Malice afterthought intent to kill cause bodily harm recklessness commit a felony Manslaughter unlawful killing of a human by another without premeditation no malice afterthought malice afterthought lacks because of provocation must be proved that killer acted like a reasonable person and lost emotional control because of victim s provocation Provocations include illegal arrest adultery with spouse physical injury or mutual combat Common law 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 careful not accompanied by aggravating and mitigating circumstances Model Penal Code Murder a type of first degree murder defined as the unlawful killing with malice afterthought voluntary murder a type of first degree murder that is intentional killing with adequate provocation and committed in the heat of passion ex one has intent to hurt another but kills them person intoxicated and intoxication reduced the person s capacity to act deliberate and premeditate the killing Manslaughter focus on provocation committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse involuntary manslaughter a killing that is unintentional and without malice such as a careless driver Manslaughter a killing committed with a reasonable explanation or excuse such as a duress negligent homicide a death cause by negligence such as a careless driver person who fails to perform some duty and causes a death ex Not feeding your child right and they die Aggravating circumstances makes murder seem worse like torturing Mitigating makes murder appear less heinous such as when a killer is under the influence of a substance that may have contributed to the killing Felony murder death of a human occurs during a dangerous felony crime even if there is no intent ex getaway driver for a bank robber can be charged if a customer dies while the robber is in the bank or if the robber himself dies Capital murder punishment may be death Ex your murder victim is a correctional or police officer murder is one of many a homicide occurs but the victim was killed in an inhumane vile and horrible way Vehicular homicide reckless use of a vehicle Justifiable homicide killings that are warranted ex killing in a war killing of a condemned inmate law enforcement kills in line of duty A year and a day rule one is responsible for a death only if the victim dies within a year and day of the act believed to cause the death C h a p t e r 4 Patterns and trends the rate of homicide in the US is usually determined per 100 00 people in a given population we want a number comparable across different sized cities Homicide trends the of homicides in the US decreased 65 between 1991 and 2004 and victimization rate decreased 55 1991 24 703 homicides was the peak 1981 10 2 per 100 000 victimization rate was the peak Circumstance type homicides involving arguments were most common making up 43 nearly a quarter occurred along with another felony Victim offender relationship 44 of relationship between victim offender is unknown 23 were killed by acquaintances 13 stranger intimate partner or family member Wolgang says murder most likely occurs between individuals who had some type of relationship Sex homicide is mostly a male activity and males predominate as killers of both male female Age homicide tends to be an activity committed by relatively young people the peak age for offending is 20 24 years 17 29 year olds accounted for the majority of offending No age spike for females Race whites offenders outnumber African Americans by a small margin Whites predominate as victims and African Americans are a close second Rate of homicide victimization was 6 x higher for AA as compared to whites Rate of homicide offending was 7 x highers than the rates of offending for whites African Americans are overrepresented among homicide victims offenders white offenders tend to kill white AA offenders tend to kill AA victims There has been a decline in homicide victimization rates in all races


View Full Document

FSU CCJ 4614 - Final Exam

Download Final Exam
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Final Exam and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Final Exam 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?