MURDER Types of Violent Crimes. Copyright © Texas Education Agency 2011. All rights reserved....

MURDER

Types of Violent Crimes

Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.

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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?


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


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


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


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?



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.)



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)



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



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


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.


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


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


Criminally Negligent Homicide16

Criminally Negligent HomicideA person causes the death of another by

criminal negligence

State Jail Felony


Resources17

Texas Penal Code: http://www.statutes.legis.state.tx.us/

http://www.statutes.legis.state.tx.us/

MURDER Types of Violent Crimes. Copyright © Texas Education Agency 2011. All rights reserved....

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