murder types of violent crimes 1 unt in partnership with tea, copyright ©. all rights reserved

17
MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved.

Upload: anna-harrington

Post on 17-Dec-2015

216 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

MURDER

Types of Violent Crimes1

UNT in partnership with TEA, Copyright ©. All rights reserved.

Page 2: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

The student will be able to:

1. Discuss the elements of murder

2. Distinguish the different types of homicides and the differences in murder and capital murder

3. Analyze infamous murder cases

4. Evaluate what crimes apply to different cases

UNT in partnership with TEA, Copyright ©. All rights reserved.

2

Objectives

Page 3: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Murder

MurderAlso known as criminal

homicide

Different than homicide, which simply means one person killing another.

3

UNT in partnership with TEA, Copyright ©. All rights reserved.

Page 4: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Ch 19 Penal Code

UNT in partnership with TEA, Copyright ©. All rights reserved.

4

What does someone's culpable mental state have to be to be charged with homicide?

Review: what are the culpable mental states?

Page 5: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Culpable Mental States (CMS)

UNT in partnership with TEA, Copyright ©. All rights reserved.

5

Culpable Mental States (CMS) the only thing that changes in homicide determines the level of punishment

Examples: Intentional Knowing Reckless Criminally Negligent

Page 6: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Requirements of Murder

UNT in partnership with TEA, Copyright ©. All rights reserved.

6

Requirements of Murder1.Intentionally or knowingly cause the death of an

individual OR2.Intend to cause serious bodily injury and commit an

act clearly dangerous to human life that causes the death of an individual OR

Page 7: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Requirements of Murder

UNT in partnership with TEA, Copyright ©. All rights reserved.

7

Requirements of Murder (continued)3.Commit or attempt to commit a felony (other than

manslaughter) and commit or attempt to commit an act clearly dangerous to human life that causes the death of an individual

All of these constitute First Degree Murder Examples:

Shamrock Murder Ft. Worth woman and homeless man

Page 8: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Requirements of Capital Murder

UNT in partnership with TEA, Copyright ©. All rights reserved.

8

Capital Offense: A person commits First Degree

Murder and one of the following apply:

1. victim is a police officer or fireman acting in the lawful discharge of an official duty person must know the victim is a

police officer or fireman Example: undercover agent?

Page 9: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Requirements of Capital Murder

UNT in partnership with TEA, Copyright ©. All rights reserved.

9

First Degree Murder plus one:2. the person intentionally commits the murder in the course of

committing or attempting to commit: Obstruction Retaliation Burglary Aggravated sexual assault Arson Robbery Kidnapping Terroristic threat (O.R.B.A.A.R.K. - T.)

Page 10: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Requirements of Capital Murder

UNT in partnership with TEA, Copyright ©. All rights reserved.

10

First Degree Murder plus one:3. murder for hire (remuneration)

4. person commits murder while escaping or attempting to escape from a penal institution

5. person commits murder of a penal institution employee or participates in a gang during the murder (prison gangs)

Page 11: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Requirements of Capital Murder

UNT in partnership with TEA, Copyright ©. All rights reserved.

11

First Degree Murder plus one:6. person murders another while incarcerated

for: Capital murder Murder Serving life or 99 years in prison for:

KidnappingAggravated sexual assaultAggravated robbery

Page 12: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Requirements of Capital Murder

UNT in partnership with TEA, Copyright ©. All rights reserved.

12

First Degree Murder plus one:7. person murders more than one person during:

the same criminal transaction or different criminal transactions to the same

course of conduct

8. victim is under 6 years of age 9. person murders a judge for retaliation

purposes

Page 13: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Capital Murder

UNT in partnership with TEA, Copyright ©. All rights reserved.

13

If the jury does not find proof beyond a reasonable doubt for capital murder, they can convict the person of murder or a lesser charge.

Page 14: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Second Degree Murder

UNT in partnership with TEA, Copyright ©. All rights reserved.

14

Second Degree Murder1. The person commits murder

2. The murder was a result of “sudden passion” from an “adequate cause” definitions from penal code

3. Is determined during the punishment stage of trial

Page 15: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Manslaughter

UNT in partnership with TEA, Copyright ©. All rights reserved.

15

Manslaughter person recklessly causes the death of another Second Degree Felony did NOT intend to kill someone did intend to engage in the behavior that caused

the death

Page 16: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Criminally Negligent Homicide

UNT in partnership with TEA, Copyright ©. All rights reserved.

16

Criminally Negligent HomicideA person causes the death of another by

criminal negligence

State Jail Felony

Page 17: MURDER Types of Violent Crimes 1 UNT in partnership with TEA, Copyright ©. All rights reserved

Resources

UNT in partnership with TEA, Copyright ©. All rights reserved.

17

Texas Penal Code: http://www.statutes.legis.state.tx.us/