Criminal Charges

Criminal Charges

1st degree murderMurder that is premeditated and willfulIt is plannedIntent to murder can be shownPurposelyUnjustifiable killingMalice aforethought

1st examplePlot to kill husbandWait for his return homeshoot him in kitchenBreak lock at kitchen doorRansack the house to look like robberyLeave without incident to return later

2nd degree murderMurder without premeditationRecklessly accidentalResponsible for death due to actions In heat of argument Perceived defenseCrime of passion

2ndArgument among group of peopleOne punches anotherThe first person takes out a knifeSecond takes out a knifeA knife fight ends in one stabbed and dead

NO premeditated intent to kill

Manslaughter:unlawful killing without maliceresulting from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not amounting to a felony, or from the commission of a lawful act involving a risk of injury or death that is done in an unlawful, reckless, or grossly negligent manner

Taken from FINDLAW legal dictionary online

Voluntary ManslaughterVoluntary; responsible in part for act of death; negligent, driving drunk

Example: fight a person falls from a blow by or shove and diesDriving too fast.. Kill a pedestrian

Involuntary ManslaughterInvoluntary; less negligent but death occursCommission of cause but may be accidental

Examples; driving at speed limit a person darts out and is killedLeave child playing and child leans out open window and falls through screen and dies

*Variations of Manslaughter ChargesVary greatly from state to state and in differing jurisdictions Some cases that are murder cases are plead to manslaughter cases for convictionSome accidental deaths are NOT cause for manslaughter charges to be incurredFBIFederal Bureau of Investigation, National law enforcement agencySerial murder, kidnapping under auspices since 1930sStarted with Lindbergh kidnappingPerpetrators cross jurisdictional lines/state lines Will cooperate and assist local/state law enf to apprehend SK

Insanity A legal term which means;

A person is unaware or unable to understand what they have done/ what actions may have caused a legal issue to arise and /or with what they are charged legally

A person is unable to aid in their own defense

Capital MurderDeath penalty legal in 33 states including military and govt

Not legal in NJ -17 states do not have including Wash D.C.

Person charged with murder with prosecutors intent or no intent to seek death penalty prior to trialJury decides on dp if jury trial (or judge)LAW provides dp or removes from books-can change with will of people and legislative voteshttp://www.deathpenaltyinfo.org/states-and-without-death-penalty

Neurosis (rarely used today)refers to a person with emotional upsets, excessive anxiety, unhealthy responses to stressful stimuli, such as moodiness, jealousy, anger, guilt and depression

Psychosisrefers to an abnormal condition of the mind, and is a generic psychiatric term for a mental state often described as involving a "loss of contact with reality". People suffering from psychosis are described as psychotic.

Psychosis is given to the more severe forms of psychiatric disorder, during which hallucinations and delusions and impaired insight may occur.[2]From wikipedia Gelder, Michael (2005). "Psychiatry", P. 12. Oxford University Press Inc., New York. ISBN 978-0-19-852863