Crimes Against the Person Personal Crimes Crimes against

Crimes Against the Person

Personal Crimes • Crimes against the person include: Homicide, assault, battery, and rape.

Homicide • Homicide is the killing of one human being by another. • Murder is the unlawful killing of one human being by another – Criminal Homicide is committed with intent, or a plan. • Its is also considered Criminal Homicide (Murder)if a person’s reckless actions, without regard for human life, results in the killing of another person.

Homicide Cont. … • Non-Criminal homicide can be classified as either “excusable” or “justifiable” and is not subject to criminal charges

Criminal Homicide • Murder is the most serious form of criminal homicide. • Murder is classified according to the killers state of mind or the circumstances surrounding the crime: – 1 st degree Murder – Felony Murder – 2 nd Degree Murder – Voluntary Manslaughter – Involuntary Manslaughter – Negligent Homicide

First Degree Murder • Killing that is premeditated deliberate and done with malice – Malice means having the intent to kill or seriously harm another person or acting in an extremely reckless manner which shows a lack of regard for human life. • Premeditation and deliberation can occur very close to the time of the homicide

Felony Murder • Any killing that takes place during the course of committing another felony; such as: – Rape, robbery, or burglary • Even if the killing was accidental, the malice from the felony will be transferred to the killing • Most states consider felony murder to be first degree murder

Second Degree Murder • Killing done with malice but without premeditation • Second degree murder includes intentional but spontaneous killings that are unplanned

Voluntary Manslaughter • Provoked Killing • The killing must occur just after the provocation so that the killer did not have an opportunity to “cool down” – Example: A person kills the spouse’s lover a jealous rage.

Involuntary Manslaughter • Killing with no intent to kill at all • Unintentional killing resulting from conduct so reckless that it caused extreme danger of death or seriously bodily harm. – Example: Playing with a loaded gun

Negligent Homicide • Causing death through criminal negligence. • Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someone. • The most common form of negligent homicide is vehicular homicide.

Noncriminal Homicide • Some homicides are not considered crimes at all. • Noncriminal homicide are killings that are justifiable or excusable. – Example: Killing and enemy soldier at war, criminal executions, killing in self –defense or in the defense of others

Suicide The deliberate taking of ones life. State regard attempted suicide as a crime. Courts often treat suicide as a cry for help. Assisted suicide is unlawful and the person may be charged with murder or manslaughter • Suicide is one of the leading causes of death amongst teens. • The CDC reported that on average, a high school student succeeds in killing himself or herself every 15 mins • •

Assault and Battery • Assault is any attempt or threat to carry out a physical attack upon another person. • Battery is any unlawful physical contact inflicted by one person upon another without consent.

Assault and Battery Continued • Simple assault is the most common form of assault; usually including pushing and shoving. • Aggravated assault is where medical assistance in needed. • Many states classify fist fights where no medical assistance is needed as battery.

Rape • Rape is defined as sexual intercourse without Consent • Forcible rape is rape done without consent and by force • Statutory Rape is rape done without consent but not necessarily by force

Rape Continued • Most rape is committed by an acquaintance • Rape is the most under reported personal crime • Victims of rape state embracement, fear and not wanting t o revile their sexual history a reasons why they were reluctant to report being raped