Crimes against the person

A.

Homicide
1.

Def the killing of one human being by another

a. b.

The most serious of all crimes Can be criminal or noncriminal

1. 2.

Criminal Homicide killing that is done with malice Malice intent to kill

2.

Types of Criminal Homicide

a.

First degree murder

1.

Killing that is premeditated, deliberate, and done with malice

a.

Premeditated thought about before hand (planned)

b.

Felony murder
1.

A killing that takes place during the commission of a felony

a.

Doesnt have to be planned but can still get the highest penalty

c.

Second degree murder

1.

A killing that is done with malice but without premeditation If the victim has done something to the killer that would cause a reasonable person

d.

Voluntary manslaughter
1.

to lose self-control (man kills person cheating on his spouse)

e.

Involuntary manslaughter
1.

An unintentional killing that results from reckless behavior (playing with a gun that

is known to be loaded)
f.

Negligent homicide
1. 2.

Causing a death through criminal negligence (often vehicular) Negligence failure to exercise a reasonable amount of care in a situation that results

in injury

B.

Suicide
1. 2.

Deliberate taking of ones own life Attempted suicide is a crime

a. b. c.

Illegal in order to prevent suicides Allows the state to mandate treatment for those that attempt Courts view it as a cry for help

3.

Stats

a. b. C.

One of the leading causes of death among teenagers Elderly commit the most suicide of any group

Assault and Battery

1. 2.

Assault attempt or threat to carry out a physical attack Battery unlawful physical attack
a.

Often not much difference in law between the use of the words similar to homicide weapon intent damage or injury Repeatedly following or harassing another person or making threats causing a

3.

Varying levels
a. b. c. d.

4.

Stalking
a.

victim to fear death or injury

D.

Rape
1.

Forcible rape act of sexual intercourse committed by a man with a woman by force
a. b.

without her consent Usually need to prove there was resistance Some argue laws are too male-oriented
1. c.

Should focus on the force instead of debating consent

There is no consent if a woman is unconscious or mentally incompetent or if her

judgment is impaired by drugs or alcohol

2.

Statutory rape sexual intercourse with a person under the age of consent
a. b. c. d.

Ages 11-18, most states 16 Only males can commit statutory rape Underage males can commit this crime Consent makes no difference

3.

Acquaintance or date rape sexual assault by someone a person knows