Death related crimes (Criminal Law)

Homicide

The killing of 1 human being by another.

Traditional Categories of homicide

-Justifiable
-Excusable
-Criminal

Justifiable homicide

self-defense, defense of others, defense of the home, and police use of deadly force.

Excusable homicide

committed by individuals who are legally insane, juveniles, diminished capacity, infants.

Murder

unlawful killing of another with malice aforethought.

Unlawful

not justifiable/excused

Malice aforethought

-Intent to kill
-Intent to inflict great bodily harm
-Intent to commit felony.

First degree murder

Unlawful killing of another with malice aforethought + premeditation and deliberation or felony murder.

Premeditation

Conscious pre-decision to commit the crime.

Deliberation

Results of cool, calm consideration of alternative.

Felony murder

Death occurring during preparation of certain felonies.

Manslaughter

Unlawful killing without malice aforethought.

Voluntary Manslaughter

Unlawful killing committed in the heat of passion in response to adequate provocation.

Involuntary Manslaughter

Misdemeanor manslaughter OR killing resulting from criminal negligence.

Types of criminal homicide (TPC)

1) Murder
2) Capital Murder
3) Manslaughter
4)Criminal Negligent

Murder (TPC)

1) Intentionally or knowingly causes the death of an individual.
2) Intends to cause serious bodily injury that causes the death of an individual.
3) Felony Murder

Capital Murder (TPC)

1) The person murders a peace officer or fireman who is acting in the lawful discharge of an official duty.
2) The person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated assaul

Manslaughter (TPC)

A person commits an offense if he recklessly causes the death of an individual.

Criminally Negligent Homicide (TPC)

A person commits an offense if he causes the death of an individual by criminal negligence.
(failure to be aware of the risk of harm)

Assault (Common Law)

1) Attempt to commit a battery
2) Intentionally placing one in fear of immediate bodily harm.

Batter (Common Law)

1) Unlawful application of force to another.

Kidnapping (Common Law)

Forcible abduction of another person from his own country and sending him to another (not used anymore).

Kidnapping (Contemporary Statues)

Generally include nonconsensual confinement and/ or movement person from 1 place to another.

3 common federal elements

1) interstate aspect
2) Federal lands; or
3) "Federal" victims

Assault Offenses (TPC)

- Assault
- Aggravated Assault

Assault (TPC)

1) Intentionally, knowingly, or recklessly causes bodily injury to another, including the persons spouse;
2) Intentionally or knowingly threatens another with imminent bodily injury, including spouse
3) Intentionally or knowingly causes physical contact w

Aggravated Assault (TPC)

Felony level assault
1) Causes serious bodily harm to another, including the persons spouse
2) Uses or exhibits a deadly weapon during the commission of the assault.

Restrain

To restrict a persons movements without consent.

Abduct

To restrain a person with intent to prevent his liberation by "hiding".

Kidnapping and Unlawful restrain (TPC)

1) Unlawful restrain
2) Kidnapping
3) Aggravated Kidnapping

Unlawful restrain (TPC)

1) Child younger than 14 years of age
2) The actor was a relative of the child
3) Actors intent was to assume lawful control of child.

Kidnapping (TPC)

Double Mens Rea
Abduction of an other person.
1) Abduction was coupled with intent to use or to threaten toad deadly force.

Aggravated Kidnapping (TPC)

Extra bad Mens Rea (guilty mind)
1) Hold him for ransom or reward
2) Use him as a shield or hostage
3) Abuse sexually

Assaultive offenses (TPC)

1) Sexual Assault
2) Aggravated Sexual Assault

Sexual Assault (TPC)

1) Intentionally or Knowing
a) causes penetration of the anus or sexual organ or another
b) causes penetration of the mouth by the sexual organ of the actor
2) Age of the child "Statutory Rape"
3-5) Unable to give consent
a) unconscious or physically unab

Aggravated Sexual Assault (TPC)

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Rape (Common Law)

Unlawful sexual intercourse with a female without consent.
AKA you can't rape your wife

Rape (obstacles of prosecution)

- Absence of immediate complaint
- Required corroboration (Injury/Witness)
- Admissibility of past sexual conduct/ reputation
- "outward" resistance required ( had taken some action to resist)

Trends in Rape Law Reform

- Make the crime gender neutral
- Expand the range of prohibited sexual conduct
- Prohibit spousal sexual assault
- Enact rape shield laws (previous sexual relations)

Bingham Case

FACTS:
* Leslie Cook was raped and strangled to death and was found in a pasture in Sequim and was last seen alive with Bingham. Cook and Bingham didn't know each other but after missing the bus they decided to walk which was when Bingham committed the ac

Clark Thornton Case

FACTS:
* Was convicted of murder in the first degree as a result of shooting his wife's paramour (McConkey)
* Appellant and his wife had been married for 4 years and a 3 year old son. They had been separated for about 6 weeks but no divorce action had bee

Mihas Case

FACTS:
* Mihas was guilty of assault, possession of a prohibited weapon, and carrying a deadly or dangerous weapon, he was sentenced to two months. He contends that the evidence was insufficient to sustain a conviction of any of the three counts.
*

Steve Girdy Case

FACTS:
* Girdy was convicted of aggravated kidnapping & aggravated assault arising out of the same event.
* He claims:
1) the evidence was factually insufficient to support the conviction of aggravated kidnapping
2)the evidence was factually insufficient

Liberta Case

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Bixler & Bean Case

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