Chapter 4 notes - Chapter 4 Criminal Law Crime A crime is...

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Chapter 4 Criminal Law Crime : A crime is an offense against the state and not the individual A person cannot file a criminal complaint, but can report a crime District Attorney or US Attorney- file crime Legislature determines what a crime is Crime Presumption of Innocence Fact finder determines guilt o Evil mind (intent to kill) Homicide: is the killing of one human by another Types: Justifiable Excusable Criminal Justifiable Killings authorized by law o Ex.) Death Penalty, War, Self-defense Make My Day Laws Is states allow to use deadly force if feel threatened in public area (no retreat) Excusable Result accident Committed by infant or insane person o Ex. Child darts into street after ball Criminal Murder Manslaughter Murder: unlawful killing with malice aforethought Malice Aforethought Doesn’t require hatred towards victim Conduct showing a man endangering state of mind can infer malice o Anytime one points a gun at another Degrees First degree The unlawful killing of another with malice aforethought and with the specific intent to kill Premeditated, planned, specific intent Ex. Assassination, stabbing, position, contract killing Premeditated Law calls it specific intent Infer specific intent, aim at vital part of the body State vs. Hornsby Couple lived together and Hornsby pointed gun at her head, pointed fun at her head and then shot her, admitted to killing her
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Premeditation, existed, pointed and fired at point blank range Commonwealth vs. Carol Man and woman argue, man shoots wife back head twice, intent to kill, no premeditation Regina vs. Stevens Crash ate flesh of dead friends Activity did not cause death Penalty The penalty for first degree murder is life or death, and jury decides Death penalty is in play Second Degree A killing which occurs during the commission of a serious felony o Ex. Bank robber flees scene car accident kills person in other vehicle Co-felons Rule: each is responsible for the acts of the other State vs. Smith Man suffered heart attack after car crash from car who driver committed a hold up and fleeing the scene, felony charged with murder Collision caused- anxiety that led to death, bad heart not cause death Court: heart attack probable consequence of felony, found guilty of murder Penalty Life in prison Third degree All other types of murder Malice but no specific intent and not during the commission of a felony Extreme recklessness- knew conduct could natural result in another person Commonwealth vs. Kling Racing car on curvy road mountain road 80 mph, went into passing lane and killed driver of other car Court: conscious disregard of serious injury to others 3 rd degree murder 80 mph- is malicious Penalty 20 years in jail Manslaughter Voluntary Involuntary Voluntary Manslaughter The intentional killing of another without malice aforethought Provocation, Hot blood, No cooling off Ex. Catching spouse cheating
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  • Fall '10
  • Boyce
  • criminal law, Fourth Amendment to the United States Constitution, Manslaughter, Specific intent

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