Class 9 Notes
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This 3 page Class Notes was uploaded by Molly Notetaker on Monday March 28, 2016. The Class Notes belongs to at East Carolina University taught by in Spring 2016. Since its upload, it has received 30 views. For similar materials see Principles of Criminal Justice in Criminal Justice at East Carolina University.
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Date Created: 03/28/16
● Provocation and heat of passion ○ “Heat of passion” : all states provide lesser charge of murder to voluntary manslaughter where intention killing occurs in …. ○ Sufficient and Adequate Provacation: The provocation must be of such a nature and be so great as to overcome or suspend an ordinary person’s exercise of good judgment ○ The circumstances “provoking” the killing must be such that a reasonable person would lose selfcontrol which is determined by The Test of the Reasonable Person ○ Cooling of the Blood: or reasonable time to cool off, is a factor that must be considered if there is an interval between the provocation and the killing ● 3rd part provocation: only the victim is doing the provocation ● Imperfect SelfDefense or Necessity ○ Perfect selfdefense: the homicide is either justifiable or excusable, and it carries no criminal liability ○ Imperfect SelfDefense: A homicide in which the killer subjectively, but unreasonably, believes that his or her conduct was necessary or does not meet the requirements of Perfect SelfDefense ■ Does not justify the killing by mitigates (lessons the blow) of the defendant from murder to manslaughter ● Involuntary Manslaughter ○ Extreme negligence and failure to act: can constitute Involuntary Manslaughter: Action is not unlawful, but done with “criminal negligence” ● Suicide, Assisting Suicide, and Euthanasia ○ Assisting Suicide: the act of furnishing the means of suicide ○ Euthanasia (mercy killing): a killing of a terminally sick or injured individual with only a short time to live can still constitute murder ○ Death and dignity law (Oregon) C. 11 : Assault, Battery, and other crimes against the person ● Assault: conviction requires acts intended to cause bodily injury, or instill such fear. Using any weapon to cause fear is an assault ○ Must know of the fear ● Battery: conviction requires intentional infliction of bodily harm or unlawful touching in a rude or offensive manner ○ Attempted Battery: Requires proof of intent to cause physical injury. Intended victim need not be aware of act ○ Intent to cause apprehension: Does not require proof of actualy intent to cause bodily harm, only intent to creat fear of such harm. Victim must be aware of assault ● An assault or battery becomes aggravated if a deadly weapon is used, or there is an intent to commit a felony ***Attempted assault is not a crime*** ● Aggravated assault ○ Virtually all states have separate statutes identifying aggravated assault from simple assaults ■ Different degrees to assaults ○ Assaults become “aggravated” when they ■ Are committed with a firearm ■ Are part of an intent to commit a felony ■ Unlight assault, battery requires no fear ● Battery ○ Unlight assault the victim does not have to be put in apprehension of fear or event see the blow coming ○ Virtually any kind of physical contact can constitute a battery, so long as it is done in a manner that is nonconsensual and in a hostile or belligerent manner ● Defenses ○ Selfdefense: under some circumstances, the violence may be justified ○ The conduct was necessary and lawful, and to prevent, escape, accomplishment of lawful arrest, or detention ○ The other party consented with the rules of the sport being played ○ It was reasonable discipline of a child by a parents, guardian, or a person acting in place of a parent ● Menacing and mayhem ○ Menacing laws: which are typically defined as intentionally placing or attempting to place another in fear of immediate serious physical injury, exist in some states (not in NC) ○ Mayhem and malicious disfigurement: is the willful infliction of an injury on another so as to cripple or mutilate the person ● Hate Crimes ○ Element added to many crimes against the person, such as assault or battery, in order to increase penalty ○ Must prove victim’s status was a “substantial” factor in the decision to commit the crime, though not exclusive factor ■ Do not have to prove the defendant “hated” the victim ● Child abuse and Neglect ○ Criminal code also have child abuse statutes and statutes forbidding the neglect of children ■ Active= physically hurting ■ passive= failure to care for a child adequately