Chapter 11 - Chapter 11: Physical Assaults I. Homicide a....

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Chapter 11: Physical Assaults I. Homicide a. Criminal Homicide i. Usually divided by statute into various degrees 1. First Degree Murder a. Defined as the premeditated killing of another human being with malice, or wrongful intent 2. Second Degree Murder a. Involves killing of another but without the element of premeditation 3. Manslaughter a. Defined as the unlawful killing of another without malice or premeditation either voluntarily or involuntarily i. Voluntary manslaughter 1. Involves a killing that is done in the heat of passion ii. Involuntary manslaughter 1. Is the appropriate charge when the death occurs while the perpetrator was involved in the commission of an unlawful act not amounting to a felony, such as driving while intoxicated ii. Corpus Delicti 1. Comprise the following: a. An evidentiary showing of the death of a human being b. An evidentiary showing of a criminal agency c. An evidentiary showing that the criminal agency was the proximate cause of the death iii. Criminal Agency
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1. Means that the death was caused by another person’s unlawful act or omission b. “Suspicious Death” Investigation i. Police investigators conduct a suspicious death investigation in all cases in which the circumstances of the death indicate violence or foul play – that is some criminal agency; when death occurs in a place other than the residence of the deceased; when the deceased is not under the care of a physician at the time of death ii. The autopsy is a major method of detecting murder c. The Autopsy as an Extension of the Crime Scene i. The autopsy performed on the victim is an extension of the crime scene and offers an additional opportunity to search for clues and evidence useful in the investigation d. Medicolegal Laboratory Services i. The basic medicolegal service is to determine whether a death was caused by criminal agency and to identify the deceased person and the cause of death ii. The report of the post mortem examination contains the autopsy surgeon’s findings. 1. The five parts of this report are: a. The preamble b. External appearance c. Internal examination d. A reasoned opinion of the cause of death based on the facts found e. Signature of examiner iii. The general appearance of the body and its stomach contents afford the pathologist a means of fixing the time of death within reasonable limits iv. Toxicologist 1. Specializes in the detection of chemical, physical, and biological toxins
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e. Suicide, Accident, or Criminal Homicide? i. Many suicides do not leave classic notes explaining their reasons for self- destruction and do not foreshadow their intent to commit suicide in any observable fashion ii. Motive has to be determined f. Identification of the Victim i. In most homicides, identifying the victim is not a problem ii. He or she is known and can be identified by relatives and friends iii. Identifying a victim becomes a problem when death occurs in a public place, a hotel, or a place other than the domicile of the victim
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This note was uploaded on 01/29/2011 for the course CRJU 4110 taught by Professor Sandrablount during the Fall '10 term at Georgia State University, Atlanta.

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Chapter 11 - Chapter 11: Physical Assaults I. Homicide a....

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