CRIMES AGAINST THE PERSON

Make My Day Law The Make My Day Law speaks to the idea

that an individual is justified in using deadly force, generally with a firearm, to defend himself when threatened on his own property. The residents of a home, when it is infiltrated, must retreat and verbally declare intent to use deadly force before doing so. If this declaration does not happen there is no automatic legal justification.

I. Homicide- the killing of one human being by another

A. Noncriminal homicide- Excusable and justifiable and is not subject to criminal charges

B. Criminal Homicide- Committed with intent, or from a person’s reckless actions

II. Criminal Homicide- the most serious forms of criminal homicide are killings done with malice Ex. Malice- Having the intent to kill or

seriously harm another person without regard for human life

A. First-Degree Murder- Killing that is premeditated and done with malice (Usually life in prison)

B. Felony Murder- Any killing that takes place during another felony (arson, rape, robbery, etc.) Many states consider felony murder to

be first degree murder regardless of whether malice and/or premeditation exist

C. Second-Degree Murder- Killing that is done with malice, but without premeditation The intent to kill was not there until

the moment of murder (Approx. 25 years to life)

D. Third Degree Murder- Killing that is not first or second degree murder and more severe than manslaughter (Around 15 years)

Often added as a charge in case 1st degree doesn’t stick

E. Voluntary Manslaughter- Killing that would otherwise be murder, but it occurs after the victim has done something to the killer that would cause a reasonable person to lose control (Less than 10) Crime must happen right after

provocation

F. Involuntary Manslaughter- Killing when there is no intention to kill at all resulting from reckless conduct (30 days to 7 years)

G. Negligent Homicide- Causing death through criminally negligent behavior Vehicular homicide- Killing from

operating a motor vehicle in a reckless and negligent way