Murder and manslaughter

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“Murder” and “Manslaughter”

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First-degree MurderUnlawful killing that is both:

1. Willful 2. Premeditated (meaning “planned”, or

at least “thought out before the act”)

Also, any killing during the commission of a felony (such as arson, robbery, burglary, rape, or kidnapping)

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First-degree MurderDan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him.

Willful and premeditated

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Second-degree Murder

1. An intentional killing that is not premeditated, planned, or committed in a reasonable "heat of passion“

2. A killing caused by dangerous conduct and the offender's obvious lack of concern for human life

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Second-degree MurderDan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

“A killing caused by dangerous conduct and the offender's obvious lack of concern for human life”

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Voluntary Manslaughter

Intentional killing --no prior intent to kill

(a killing that occurs in a rage or the "heat of passion.")

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Voluntary Manslaughter

Dan comes home to find his wife in bed with Victor. In the heat of the moment, Dan picks up a golf club from next to the bed and strikes Victor in the head, killing him instantly.

Intentional killing in a rage or the “heat of passion”

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Involuntary Manslaughter

Unintentional killing that results from recklessness or criminal negligence.

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Involuntary Manslaughter

Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit, unintentionally hitting and killing a pedestrian.

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Now, 9 questions…

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1. The Los Angeles District Attorney’s Office charged Dr. Conrad Murray with a crime for allegedly administering lethal doses of an anesthetic to Michael Jackson while treating him for insomnia. Did the District Attorney charge Dr. Murray with:

a. First-degree murderb. Second-degree murderc. Voluntary manslaughterd. Involuntary manslaughter

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1. The Los Angeles District Attorney’s Office charged Dr. Conrad Murray with a crime for allegedly administering lethal doses of an anesthetic to Michael Jackson while treating him for insomnia. Did the District Attorney charge Dr. Murray with:


Unintentional killing that results from recklessness or criminal negligence.

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2. Snowmobilers broke onto a farmer’s property in the middle of the night and were circling his house again and again. The farmer and his wife woke up. The farmer grabbed his shotgun and shot at the snowmobilers attempting to scare them away. One of the snowmobilers was killed. The farmer was probably charged with:


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2. Snowmobilers broke onto a farmer’s property in the middle of the night and were circling his house again and again. The farmer and his wife woke up. The farmer grabbed his shotgun and shot at the snowmobilers attempting to scare them away. One of the snowmobilers was killed. The farmer was probably charged with:


Intentional killing in a rage.

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3. Earl sneaks into a 2-story house with a pistol in his pocket. He is intent on theft and is surprised by the owner of the house, whom Earl knocks down a flight of stairs, killing him. Earl is probably charged with:


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3. Earl sneaks into a 2-story house with a pistol in his pocket. He is intent on theft and is surprised by the owner of the house, whom Earl knocks down a flight of stairs, killing him. Earl is probably charged with:


any killing during the commission of a felony

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4. Carl holds up a liquor store with a gun. When an employee comes into the store from the back storeroom, Carl shoots at him. The liquor store clerk shoots at Carl but kills an innocent customer. Carl runs away but is later caught. Carl will probably be charged with:


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4. Carl holds up a liquor store with a gun. When an employee comes into the store from the back storeroom, Carl shoots at him. The liquor store clerk shoots at Carl but kills an innocent customer. Carl runs away but is later caught. Carl will probably be charged with:


any killing during the commission of a felony

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5. Billy brings a 4-foot 2 × 4 to a fight with Paul. After Billy punches Paul to the ground, he grabs the 2 × 4 and hits Paul in the back. Paul is not moving. Paul dies an hour later in the hospital. Billy will be probably be charged with:


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5. Billy brings a 4-foot 2 × 4 to a fight with Paul. After Billy punches Paul to the ground, he grabs the 2 × 4 and hits Paul in the back. Paul is not moving. Paul dies an hour later in the hospital. Billy will be probably be charged with:


“A killing caused by dangerous conduct and the offender's obvious lack of concern for human life”

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6. Carrie has the keys to her neighbor’s house while they’re on vacation so she can feed the cat and water the plants. As Carrie is about to leave the neighbor’s house, she sees a cute set of ear rings and takes them. Carrie is guilty of:

a. Larcenyb. Burglaryc. Robberyd. Embezzlement

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6. Carrie has the keys to her neighbor’s house while they’re on vacation so she can feed the cat and water the plants. As Carrie is about to leave the neighbor’s house, she sees a cute set of ear rings and takes them. Carrie is guilty of:

a. Larcenyb. Burglaryc. Robberyd. Embezzlement

Stealing what you were entrusted with (she was trusted with everything in the house—she was given the keys).

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7. Carrie is at a party at a friend’s house with lots of people, some of which she doesn’t know. She finds an unattended purse and takes a bracelet from it. She is guilty of:

a. Nothingb. Burglaryc. Robberyd. Embezzlemente. Larceny

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7. Carrie is at a party at a friend’s house with lots of people, some of which she doesn’t know. She finds an unattended purse and takes a bracelet from it. She is guilty of:


Stealing

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8. Carrie used to have a boyfriend named Michael but now Michael is going with Flo. Carrie meets Flo at a party and starts yelling at her about stealing her boyfriend. Flo takes off her ear rings and punches Carrie in the face. The fight is on. Flo ends up with a bloody lip and Carrie has some hair missing. Flo is guilty of:

a. Nothingb. Assaultc. Batteryd. Embezzlemente. Larceny

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8. Carrie used to have a boyfriend named Michael but now Michael is going with Flo. Carrie meets Flo at a party and starts yelling at her about stealing her boyfriend. Flo takes off her ear rings and punches Carrie in the face. The fight is on. Flo ends up with a bloody lip and Carrie has some hair missing. Flo is guilty of:

a. Nothingb. Assaultc. Batteryd. Embezzlemente. Larceny

Unwanted touching

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9. Tom breaks a neighbor’s sliding glass door. He and his brother, John, go into the house looking for money. Tom finds $100 and takes it. John finds no money. When the brothers leave together, they are caught by police. John is probably charged with:


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9. Tom breaks a neighbor’s sliding glass door. He and his brother, John, go into the house looking for money. Tom finds $100 and takes it. John finds no money. When the brothers leave together, they are caught by police. John is probably charged with:


Entered a building with the intent to steal

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---end of presentation---

Education

Murder and manslaughter