Post on 17-Dec-2015
MURDER
Types of Violent Crimes
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Murder
MurderAlso known as criminal
homicide
Different than homicide, which simply means one person killing another.
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Ch 19 Penal Code4
What does someone's culpable mental state have to be to be charged with homicide?
Review: what are the culpable mental states?
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Culpable Mental States (CMS)5
Culpable Mental States (CMS) the only thing that changes in homicide determines the level of punishment
Examples: Intentional Knowing Reckless Criminally Negligent
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Requirements of Murder6
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
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Requirements of Murder7
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
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Requirements of Capital Murder8
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?
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Requirements of Capital Murder9
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.)
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Requirements of Capital Murder10
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)
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Requirements of Capital Murder11
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
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Requirements of Capital Murder12
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 10 years of age 9. person murders a judge for retaliation
purposes
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Capital Murder13
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.
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Second Degree Murder14
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
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Manslaughter15
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
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Criminally Negligent Homicide16
Criminally Negligent HomicideA person causes the death of another by
criminal negligence
State Jail Felony
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Resources17
Texas Penal Code: http://www.statutes.legis.state.tx.us/