Chapter NineChapter NineHomicideHomicideThe umbrella term for the taking of the life ofThe umbrella term for the taking of the life of another person another personCommon Law 3 types of homicide Common Law 3 types of homicide1. 1. Justifable Justifablekillings done in self defense! capital killings done in self defense! capital punishment and police use of deadly force punishment and police use of deadly force". ". #$cusable#$cusable%killings done by persons not of sound%killings done by persons not of sound memory and discretion &i.e.! insane or immature' memory and discretion &i.e.! insane or immature'3. 3. CriminalCriminal%homicides that are neither (ustifed or e$cused%homicides that are neither (ustifed or e$cused murder murderintentionally causing the death of another with )malice intentionally causing the death of another with )malice aforethought* aforethought*manslaughter manslaughter% unlawful killing of another w+o malice % unlawful killing of another w+o malice aforethought aforethoughtHomicideHomicideWhat is a Person?What is a Person?The defnition of )person* presents problems at bothThe defnition of )person* presents problems at both ends of the life%cycleends of the life%cycle ,hen life ends and when it begins ,hen life ends and when it begins-orn%.li/e 0ule1 -orn%.li/e 0ule1to be a person! and therefore a homicide /ictim! ato be a person! and therefore a homicide /ictim! a baby has to be born ali/e and capable of breathingbaby has to be born ali/e and capable of breathing and a heartbeat of its own and a heartbeat of its own2ennsyl/ania statute1 2ennsyl/ania statute1"Born alive.",hen used with regard to a human being! means that the human being was completely e$pelled or e$tracted from her or his mother and after such separation breathed or showed e/idence of any of the following1 beating of the heart! pulsation of the umbilical cord! defnite mo/ement of /oluntary muscles or any brain%wa/e acti/ity."4 states make it a crime to kill a fetus"4 states make it a crime to kill a fetus3 types of statutes3 types of statutes1. 1.0e/ise e$isting homicide statutes to 0e/ise e$isting homicide statutes to include fetuses as homicide /ictimsinclude fetuses as homicide /ictims) )5urder is the unlawful killing of a human5urder is the unlawful killing of a human being!being! or a fetus or a fetus! with malice aforethought.* ! with malice aforethought.*&Ca. 2enal code "667 8 19: &Ca. 2enal code "667 8 19:". ".Create a fetal homicide statute aimed Create a fetal homicide statute aimed e$clusi/ely at fetusese$clusi/ely at fetuses3. 3.Create statutes that are aimed toward Create statutes that are aimed toward attacks on pregnant womenattacks on pregnant women;ther states left homicide statutes ;ther states left homicide statutes intact and created a new crime of intact and created a new crime of feticidefeticideWhen does life end?When does life end? while brainwa/es remain minimal or ?at.brainwa/es remain minimal or ?at.@niform -rain the essence of the crime &e.g. the body'the essence of the crime &e.g. the body'.s a general rule! canDt con/ict without the .s a general rule! canDt con/ict without the corpus delecti corpus delecti can be established.can be established.Circumstantial e/idenceCircumstantial e/idenceDeconstructingConstructing a !urder DeconstructingConstructing a !urder "without a body#"without a body#5ust pro/e that there has been no sign of 5ust pro/e that there has been no sign of this personDs e$istencethis personDs e$istence