Welcome to Unit 7Welcome to Unit 7

CJ230: Criminal Law for CJ230: Criminal Law for Criminal JusticeCriminal Justice

Unit 6 AssignmentsUnit 6 Assignments

Seminar or Alternative PaperSeminar or Alternative Paper QuizQuiz Discussion BoardDiscussion Board Chapter 10 in Lippman & on-line Chapter 10 in Lippman & on-line

MaterialMaterial PowerPoint project PowerPoint project

Unit 7 AssignmentsUnit 7 Assignments

Read Chapter 11 in Read Chapter 11 in Contemporary Contemporary Criminal LawCriminal Law

Respond to the Discussion Board Respond to the Discussion Board Attend Seminar Attend Seminar Complete the Project: Death Penalty Complete the Project: Death Penalty Take the Quiz Take the Quiz

Unit 7 ProjectUnit 7 Project

3-4 Page Paper3-4 Page Paper Discussion of the ethics of imposing Discussion of the ethics of imposing

the death penalty on juveniles.the death penalty on juveniles. Read Read Roper v. SimmonsRoper v. Simmons

Summarize the case and discuss the Summarize the case and discuss the ethical issues involved in imposing the ethical issues involved in imposing the death penalty on juveniles.death penalty on juveniles.

Unit 7 ProjectUnit 7 Project

Additionally, respond to the following Additionally, respond to the following statement in your paper: “It can be argued statement in your paper: “It can be argued that this is one of the great examples of the that this is one of the great examples of the Supreme Court allowing societal interests to Supreme Court allowing societal interests to influence and shape its decision making.” influence and shape its decision making.”

Make sure to specifically address whether Make sure to specifically address whether you believe that ethical concerns may have you believe that ethical concerns may have influenced the courts decision in influenced the courts decision in RoperRoper..

Homicide/ MurderHomicide/ Murder

The Most Serious Criminal OffenseThe Most Serious Criminal Offense Why is the death penalty an option for Why is the death penalty an option for

murder and not for other crimes like murder and not for other crimes like rape?rape?

MurderMurder

First Some Definitions:First Some Definitions: Malice aforethought- an intent to kill will Malice aforethought- an intent to kill will

ill will or hatred coupled with a design to ill will or hatred coupled with a design to accomplish that killing. This is basically accomplish that killing. This is basically premeditated murder. premeditated murder.

First Degree Murder- First Degree Murder- Premeditation and deliberation and murder committed in the perpetration of various dangerous felonies.

MurderMurder

Second Degree Murder- Second Degree Murder- Killing with malice and without premeditation. This may include a death resulting from an intent to cause serious bodily harm.

Voluntary Manslaughter- Murder in the heat of passion.

Involuntary Manslaughter- Gross negligence. Reckless Homicide.

MurderMurder

Capital Murder- Murder punishable Capital Murder- Murder punishable by the death penalty in states where by the death penalty in states where the death penalty is available and by the death penalty is available and by life imprisonment in non death life imprisonment in non death penalty states.penalty states.

The states all have slightly different The states all have slightly different definitions of murder. definitions of murder.

MurderMurder

For example, you are guilty of 1For example, you are guilty of 1stst degree murder in Illinois, unless degree murder in Illinois, unless there is some circumstance with there is some circumstance with which to lessen your murder to which to lessen your murder to second degree. second degree.

For example, an erroneous belief in For example, an erroneous belief in self defense? self defense? What do you think this means?What do you think this means?

MurderMurder The jury, in order to sentence a defendant to death, must find one

or more aggravating circumstances and is required to determine whether these

outweigh any mitigating circumstances that may be presented by the defense attorney. Some statutes list

mitigating circumstances that the jury should consider. The Florida death

penalty statute specifies a number of mitigating circumstances, including the fact that the defendant

does not possess a significant history of criminal activity or suffered from a substantially

impaired mental capacity, the defendant was under the influence of extreme mental or emotional

disturbance or acted under duress, the victim participated in the defendant’s conduct or consented to

the act, or the defendant’s participation was relatively minor.22

MurderMurder

Many states have Depraved Heart Many states have Depraved Heart Murder- Other States call this Murder- Other States call this Reckless HomicideReckless Homicide

Depraved Heart Murder is:Depraved Heart Murder is:

MurderMurder

Conduct. The defendant’s act must create a very high degree of risk or serious bodily injury. Keep in mind that the act must be highly dangerous.

Intent. The defendant must be aware of the danger created by his or her conduct. Some courts merely require that a reasonable person would have been aware of the risk.

Danger. The common law appeared to require that a number of individuals were placed in danger; the modern view is that it is sufficient that a single individual is at risk.

MurderMurder

Can anyone think of any examples of Can anyone think of any examples of depraved heart murder or reckless depraved heart murder or reckless homicide?homicide?

MurderMurder

Russian Roulette?Russian Roulette? Training dogs to fight and allowing Training dogs to fight and allowing

them to roam free?them to roam free?

Murder

Felony Murder: Strict liability. A homicide committed during the course of a felony. (Most states require it to be a dangerous felony). There is no requirement of intent to kill.

All of the actors in the felony are responsible for the murder.

Murder

Felony murder: Can anyone give any examples of felony

murder?

Murder

Is this Felony Murder? Three armed gunmen enter the apartment

of a known drug dealer. They enter with the intent of stealing the drugs from the dealer in the apartment.

Once inside the drug dealer manages to get a gun and kills two of the offenders and holds the third one until the police arrive.

Who is guilty of what crime in this case?

Murder

Felony Murder: Two high school students (both 18)

decide to steal a car. When the police attempt to pull them over, they flee. During the course of the chase, the defendant run over an old lady crossing the street.

Who is guilty of what? The driver? The passenger? Is it felony murder?

Murder

Some facts and figures: The homicide rate almost doubled from the

mid-1960s to the late 1970s. In 1980, the homicide rate reached 10.2

per 100,000 population and then fell to 8.0 per 100,000 in 1984.

The homicide rate then began to rise once again, reaching 9.8 per 100,000 in 1991.

Between 1992 and 2000, the homicide rate again declined and now has stabilized

Murder African Americans are six times more likely to be

victimized by homicide and seven times more likely to commit homicide than are Caucasians.

Males account for three-quarters of homicide victims and comprise almost 90% of offenders. Males are 3 times more likely to be killed and 8 times more likely to commit homicide than are females.

25–34 year olds are the only age group to witness an

increase in homicide victimization rates since the late 1990s.

18–24 year olds have the highest offending rates. Over one-quarter of the victims of gang-related

killings are under the age of 18.

Murder

The Death Penalty: Is it worth it? Should we have it? How about a quick class poll?

Murder

What does deterrent mean? Is the death penalty and effective

deterrent to any crime?

Murder

Many states have limited the crimes for which a person can receive the death penalty. Police officer, firefighter engaged in

course of duty, Employee of department of corrections

engaged in duty, Killed two or more people, Murder for hire,

Murder Murder as part of a hijacking, Felony murder, if they are the actual

murderer, Murder of a witness, Murder of a child, in brutal way, Cold, calculated and premeditated, Murder of an EMT, engaged in duty, Torture, Drive by shooting, Murder of a teacher, Murder of a victim with an order of protection.

Murder

So what do you think of Illinois list, should anything be added?

Should anything be taken off?

Murder

Death Penalty Statistics: In 2008, 37 inmates executed, 5 fewer than

2007. 18 in Texas; 4 in Virginia; 3 each in Georgia and

South Carolina; 2 each in Florida, Mississippi, Ohio, and Oklahoma, and 1 in Kentucky.

41 States didn’t execute anyone. Of persons executed in 2008:

-- 20 were white-- 17 were black

Murder

Death Penalty Statistics: The number of prisoners under sentence

of death decreased for the seventh consecutive year in 2007.

Among inmates under sentence of death and with available criminal histories at yearend 2007:-- nearly 2 in 3 had a prior felony conviction-- 1 in 12 had a prior homicide conviction.

Murder

Death Penalty Stats: Among persons for whom arrest information

was available, the average age at time of arrest was 29; nearly 1 in 9 inmates were age 19 or younger at the time of arrest,

At yearend 2007, the youngest inmate under sentence of death was 19; the oldest was 92.

All stats taken from the U.S. Department of Justice. http://www.ojp.usdoj.gov/bjs/cp.htm

MurderMurder

SeminarSeminar QuizQuiz Discussion BoardDiscussion Board Chapter 11Chapter 11 Writing Assignment 3-4 pages on the Writing Assignment 3-4 pages on the

Juvenile death penalty.Juvenile death penalty.