Murder.pptx

Murder? By: Teddy, Matt, Fred, Max, Alexander, Charlie and Moskal What is murder? ● Murder is made up of various different elements ● Murder - the unlawful killing of a human being with malice afterthought. ● Malice afterthought is the intent (mens rea) element of the crime. ● Malice afterthoug...

Murder? By: Teddy, Matt, Fred, Max, Alexander, Charlie and Moskal What is murder? ● Murder is made up of various different elements ● Murder - the unlawful killing of a human being with malice afterthought. ● Malice afterthought is the intent (mens rea) element of the crime. ● Malice afterthought is defined as an actual or implied intention to kill with no provocation by the victim. First Degree Murder ● First degree Murder: A deliberate and premeditated killing done with malice aforethought. “Deliberate” means it was done with a mind capable of reflection. “Premeditated” means the person reflected on the murder before committing it. Second Degree Murder ● A killing done with malice afterthought, but without deliberation and premeditation. ● An example is a man beating his wife on the head and accidentally killing her. Felony Murder ● Felony murder is committed when someone is commiting a felony and a murder happens. ● For example, someone raped someone and they kill someone, they’ll be charged with felony murder. Voluntary Manslaughter ● Is intentional killing without malice aforethought ● The killer must be in the heat of anger, seriously provoked by the victim and never had an opportunity to cool off. ● This does not excuse the act of killing someone. It's a crime lesser than second degree. ● Example is when someone is in your house and you shoot them. Involuntary Manslaughter ● A murder committed with criminal negligence. This kind of murder takes place during a crime and is often unintentional. This crime is a misdemeanor manslaughter. ● Example of involuntary manslaughter is a person who accidentally fires a gun that kills someone. Vehicular Manslaughter ● A killing that is committed while recklessly driving. If someone is driving while under the influence, they will most likely be charged with vehicular manslaughter ● Example of vehicular manslaughter is someone speeding through a red light which kills someone. Conclusion ● Overall, murder is taken very serious under law ● The punishments for murder is very serious ● There are different kinds of murder ○ First/Second Degree ○ Felony Murder ○ Manslaughter (Voluntary, Involuntary, Vehicular) ● Malice Afterthought is required for an action to be considered a crime