MURDER VS MANSLAUGHTER Forensics 7 3 November 18

MURDER VS MANSLAUGHTER Forensics 7. 3 - November 18, 2013

Objectives: SWBAT Review and debrief: CASE STUDY Review Freakonomics: Assignment 1 Examine the distinction between Murder and Manslaughter

Murder The willful killing of another person � First-Degree � Second-Degree � Felony The Murder act of committing a murder while in the commission of another crime

Second-Degree Murder Unlawful homicide lacking malice aforethought and premeditation � Unintentional homicide � But not manslaughter � Having a depraved mind and heart

Depraved mind or heart From South Dakota � “…when perpetrated by an act imminently dangerous to others and evincing a depraved mind, regardless of human life, but without premeditation for…death of a particular individual…” � Translation: Shooting a firearm into a crowd or full car Shaking an infant

Second-Degree Convictions in practice Convictions for second-degree often reflect a jury pardon The defendant is on trial for FD-Murder � The jury determines the state has not proven FD well enough � The jury will sometimes return a verdict of Second -degree Murder This is always a non-capital crime (no death penalty) The act was there, but not the specific intent

Manslaughter The unlawful killing of another without malice Some states have manslaughter in degrees like murder Voluntary vs Involuntary �A matter of circumstances � Provocation Crimes of passion Words alone can not provoke A series of instances might

Manslaughter A question of neglect If an unsupervised child dies while they are left home alone, the parent of that child may be guilty of manslaughter Vehicular Manslaughter � Operating a vehicle with a wanton disregard for the safety of others

CW: Manslaughter or Murder Consider the examples � Are the manslaughter or murder? � Explain why

SEXUAL CRIMES Forensics 7. 4 - November 18, 2013

Objectives: SWBAT Identify the key indicators of sexual crimes Evaluate the evolution of sex crimes over time

Rape and Sexual Battery Traditionally sexual crimes revolve around the idea of carnal knowledge of a female against her will � Sexual intercourse � Common-law rape/ forcible rape � Statutory rape An adult having sex with a minor more than (x) years younger regardless of consent � Marital Until exception recently convicting a husband for raping his wife was considered

Rape and Sexual Battery Modern interpretations � Two major factors: force and consent � Courts struggle with how to define these two conditions Statutory rape has been easier to define � It is based on age alone and consent is taken out of the equation � Statutory rape laws are mostly gender-neutral

Assume that all that is happening is “traditional” heterosexual intercourse – can a man be raped?

Modern American Reforms Starting in the 1970’s rape laws have gone under multiple reform � Led mostly by women’s groups Today rape law is typically gender neutral � Offender and victim may be of either sex � Falls under the broader term of sexual battery Rape Shield Laws � No longer can a victim’s prior sexual history be used to discredit their claim

Contemporary Statutes Any for of sexual contact is considered � Sexual contact can be described as the “intimate touching” of a victim’s intimate parts � For the purpose of sexual gratification/ arousal In most states it is automatically a crime if � The person is under 13 � Incest � Teacher/ student

The Burden of the State The state must prove corpus delicti �A crime has taken place � It is usually easy to prove that sexual contact has taken place, but proving the consent aspect is more difficult This part is where forensic science plays a very important Maintaining evidence, quick/ timely photos Can be further traumatizing There is usually a lack of third-party testimony � Quick complaint theory