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This 2 page Class Notes was uploaded by Jessica Notetaker on Sunday August 30, 2015. The Class Notes belongs to CJC 351 at Ball State University taught by Ron Henderson in Summer 2015. Since its upload, it has received 40 views. For similar materials see Criminal Law in Criminal Justice at Ball State University.
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Date Created: 08/30/15
Criminal Law Chapter 1 criminal law and criminal punishment 1 Criminal Law is mostly based on circumstantial evidence 2 Eye witness video of the crime and a confessions are Direct evidence a DNA is not a direct evidence yes one person has that DNA however it just proves that you were there but it does not prove that you were the one who committed the crime Its circumstantial evidence 3 In Indiana we do not have degrees of Murder a Murder is typically broken down further into two categories i FirstDegree Murder 1 FirstDegree Murder Firstdegree murder most serious of all homicide charges is reserved for situations where the person accused of the homicide planned the killing and intended for the victim to die because of his or her actions Famous cases involving rstdegree murder include the Charles Manson 0 Simpson and Scott Petersen cases out of California These cases are usually the most heinous crimes and as such the most severe punishments are usually reserved for these convictions In many states those convicted of rstdegree murder will face the death penalty or life in prison ii Second Degree Murder 4 Felony Murder 1 SecondDegree Murder Seconddegree murder is a charge reserved for cases where it cannot be proved that the killer planned the killing but where the killer still intended that the victim die because of her or her actions A recent famous case involving a seconddegree murder charge is the Phil Spector case out of California Situations where seconddegree murder charges arise are sometimes described as quotcrimes of passionquot or instances where the killing occurred in the quotheat of passionquot In some states individuals convicted of this crime can face life in prison with or without the possibility of parole depending on the state39s laws and the situation39s circumstances a Felony murder rule is a legal doctrine that widens the scope of murder According to the rule it checks if the killing occurred during the commission or attempted commission of a felony Likewise if the killing occurred in connection to the felony the person or persons responsible for the felony will be charged with murder Here the intent to kill is not necessary for felony murder The main requirement is that there should be a causal connection between the felony and the killing This rule broadens the crime of murder in two ways i When an offender kills accidentally or without speci c intent to kill in the course of an applicable felony what might have been manslaughter is escalated to murder and ii It makes any participant in such a felony criminally liable for any deaths that occur during or in furtherance of that felony 5 Manslaughter WV a The charge of manslaughter is reserved for instances where the accused did not plan the crime nor did he or she intend for the victim to die because of his or her actions Manslaughter charges usuay arise out of accidental circumstances where a person died because of the event A manslaughter case in recent history is that of Michael Jackson39s doctor Conrad Murray Sentences for those convicted of manslaughter vary widely depending on state laws and the circumstances of the event in question Justi able Homicide a Justi able homicide is reserved for situations where an individual killed another in selfdefense or similar circumstances This really is not a legal charge but rather a classi cation for which authorities can register an event where an individual died but no crime was committed The case of Ann and Jim Tatum out of Colorado is an example of a wellknown justi able homicide situation In these situations no criminal charges are led Credibility is most IMPORTANT Proving the Defenses ofJusti cation and Excuse a Negate b Mede gate Classifying Crimes i Mala in se ii Mala prohibita offenses b levels of crimes low to high i Ordinance nes ii Infraction speeding tickets punishable by nes iii Misdemeanors not severe crime iv felonies punishable by more than a year in jail or probation or suspended sentence v Capital Crime crime punishable by death
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