Lesson 2, Chapter 8.docx - Lesson 2 Crimes Against Persons Chapter 8 Homicide Module 8.1 Introduction to Homicide Learning Objectives Distinguish

Lesson 2, Chapter 8.docx - Lesson 2 Crimes Against Persons...

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Lesson 2: Crimes Against Persons Chapter 8: Homicide Module 8.1: Introduction to Homicide Learning Objectives Distinguish between criminal homicide and non criminal homicide. Define human being for purposes of homicide law. Summary Homicide is the killing of a human being by another human being. Homicide is broken down into 2 categories: 1. Murder First-degree murder (could be executed) Second-degree murder (could NOT be executed) 2. Manslaughter Homicide often carries a negative connotation, but it need not. A healthy, living person is a human being. There is some disagreement over the meaning of human being at the beginning/end of life. The Beginning of Life Most jurisdictions retain the common law definition of the beginning of life, namely that life begins when a fetus is born alive. There are exceptions to this definition. Massachusetts and several other states have begun to treat viable fetuses as human beings. In such states, it’s possible for people to be convicted of the crime of feticide , causing the death of an unborn fetus. The End of Life Most courts now define death as “brain death.” A person is no longer considered alive if he or she is brain dead. Year-and-a-day rule - A common law rule stating that a person could not be prosecuted for homicide unless the victim died within 1 year and a day of the act 1
that was responsible for the fatal injury. Today, most states have abandoned this rule and can prosecute killers for deaths that occur years after the crime was originally committed. Homicide is a legally neutral term. Successful excuse and justification defenses ensure that a person who commits homicide is not criminally liable for it. Module 8.2: The Elements of Homicide Learning Objectives Distinguish between first-degree murder and second-degree murder. Explain when the death penalty is an acceptable form of punishment for homicide. Summarize the elements of voluntary and involuntary manslaughter. Explain the Model Penal Code approach to homicide. Summary Murder - The unlawful killing of another person WITH malice aforethought. Manslaughter - The unlawful killing of another human being WITHOUT malice aforethought. In general, if one person kills another person without justification, excuse, or any mitigating circumstances, that person is said to have killed with malice aforethought. There’s no requirement that aforethought involve deliberate planning well in advance of a murder. Some states do not distinguish between first- and second-degree murder. First-Degree Murder In general, first-degree murder is murder that is willful, premeditated, and deliberate . It is a “cold-blooded” killing, one that is arguably more “evil” than a spontaneous killing.

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