CHAPTER 8CHAPTER 8

CRIMES AGAINST THE PERSONCRIMES AGAINST THE PERSON

Crimes against the personCrimes against the person

Crimes Against the PersonCrimes Against the Person Role Of ParalegalRole Of Paralegal

INTENT: MENS REA/ACTUS REAINTENT: MENS REA/ACTUS REA

Specific – D intended to commit a Specific – D intended to commit a particular crime. Ex. Intent to particular crime. Ex. Intent to murder. murder.

General – D must be aware of his General – D must be aware of his actions and must have formed the actions and must have formed the mental state necessary to carry out mental state necessary to carry out scheme. Intent to “carry out the scheme. Intent to “carry out the crime is enough”crime is enough”

STRICT LIABILITYSTRICT LIABILITY

No mens rea necessaryNo mens rea necessary Illegal regardless of intentIllegal regardless of intent

PREMEDITATIONPREMEDITATION

Forethought to commit crime Forethought to commit crime

Forethought on how to commit crimeForethought on how to commit crime

MURDERMURDER1ST DEGREE 2ND DEGREE1ST DEGREE 2ND DEGREE

With MaliceWith Malice Specific IntentSpecific Intent PremeditationPremeditation Lying in waitLying in wait

With MaliceWith Malice General IntentGeneral Intent No Premeditation No Premeditation No time to considerNo time to consider

MaliceMalice

Intentional Injury without any moral Intentional Injury without any moral or legal justification for harming or legal justification for harming someone.someone.

Unlawful intent to killUnlawful intent to kill

MotiveMotive

Not necessary element of proof in Not necessary element of proof in murder casemurder case

Jury wants to hear a motiveJury wants to hear a motive Defense argues no motive Defense argues no motive prosecution introduces motiveprosecution introduces motive

CORPUS DELECTICORPUS DELECTI

Necessary elementNecessary element The body ( but see “no body cases”)The body ( but see “no body cases”)

FELONY MURDERFELONY MURDER

11STST Degree murder charge for killing Degree murder charge for killing during the commission of a felony, ie. during the commission of a felony, ie. RobberyRobbery

Public policyPublic policy

MANSLAUGHTERMANSLAUGHTER

VoluntaryVoluntary UnlawfulUnlawful Death of human Death of human

beingbeing Heat of passionHeat of passion Sudden Sudden

overwhelming overwhelming passionpassion

No cooling off No cooling off periodperiod

ProvocationProvocation

InvoluntaryInvoluntary Without maliceWithout malice Without intent to Without intent to

injure or kill injure or kill Causes death of Causes death of

human beinghuman being

CRIME PUNISHMENTCRIME PUNISHMENT

Premeditated murderPremeditated murder Malice MurderMalice Murder Felony MurderFelony Murder ManslaughterManslaughter

Invol. ManslaughterInvol. Manslaughter Neg homicideNeg homicide Vehicular homi.Vehicular homi. Justifiable homi.Justifiable homi.

Death or Life in PrisonDeath or Life in Prison LifeLife Death or Life in PrisonDeath or Life in Prison Varies: 25 to LifeVaries: 25 to Life

VariesVaries VariesVaries VariesVaries No PunishmentNo Punishment

ROLE OF PARALEGAL ROLE OF PARALEGAL

Detailed review of autopsy reportDetailed review of autopsy report

OTHER CRIMES OTHER CRIMES

AssaultAssault Aggravated AssaultAggravated Assault

Domestic ViolenceDomestic Violence Child abuseChild abuse