� KILLING OF A HUMAN BY A HUMAN
� EXCLUDES SOME DEATHS:
� SOLO ACCIDENTS
� SUICIDES,
� �NATURAL CAUSES�
LEGAL HOMICIDES
� EXCUSABLE HOMICIDES
� ACCIDENTS WITHOUT NEGLIGENCE
� HOMICIDE FOR REVENGE IS NOT EXCUSABLE
� JUSTIFIABLE HOMICIDES
� IN OBEDIENCE TO A COURT ORDER
� NECESSARY DEFENSE OF SELF, OTHERS
� NECESSARY IN MAKING ARREST
CRIMINAL HOMICIDES
� MURDER (MORE TO FOLLOW)
� MANSLAUGHTER (MORE TO FOLLOW)
MURDER (DEFINED)
� UNLAWFUL KILLING OF A HUMAN OR FETUS WITH MALICE AFORETHOUGHT
� DIFFERENT FROM DEFINITION FOR UNIFORM CRIME REPORTS
� �FETUS� MEANS EMBRYO CAPABLE OF LIFE ON ITS OWN (ABOUT 6 MONTHS)
� �MALICE AFORETHOUGHT� IS NOT INTENT TO KILL
� MALICE AFORETHOUGHT - �INTENTION TO CAUSE DEATH OR GRIEVOUS BODILY HARM�
MALICE
� MAY BE OF TWO TYPES:
� EXPRESS MALICE � A DELIBERATE INTENTION TO KILL
� IMPLIED MALICE � �NO CONSIDERABLE PROVOCATION� OR
� �ABANDONED AND MALIGNANT HEART�
� EXPRESS MALICE IS FIRST DEGREE MURDER
� IMPLIED MALICE IS SECOND DEGREE MURDER
� FELONY MURDER RULE IS AN EXCEPTION (FIRST DEGREE WITHOUT EXPRESS MALICE)
FIRST DEGREE MURDER
� KILLING BY LISTED MEANS (MORE TO FOLLOW) OR
� KILLING DURING LISTED FELONIES (FELONY MURDER RULE) (MORE TO FOLLOW) OR
� ANY OTHER DELIBERATE AND PREMEDITATED MURDER (MORE TO FOLLOW)
LISTED MEANS IN FIRST DEGREE MURDER:
� DESTRUCTIVE DEVICE
� EXPLOSIVE
� ARMOR �PIERCING AMMO
� POISON
� LYING IN WAIT
� TORTURE
LISTED FELONIES (FELONY MURDER RULE) IN FIRST DEGREE MURDER:
� ARSON
� RAPE
� ROBBERY
� BURGLARY
� MAYHEM
� KIDNAPPING
� TRAIN WRECKING
� SODOMY
� CHILD MOLEST
� FORCED ORAL COPULATION
� RAPE BY OBJECT
DELIBERATE AND PREMEDITATED
� DELIBERATE - �ARRIVED AT BY THOUGHT AND WEIGHING OF CONSIDERATIONS�
� PREMEDITATED � �TO RESOLVE BEFOREHAND�
PENALTIES FOR FIRST DEGREE MURDER
� DEATH, LIFE WITHOUT PAROLE, OR 25 TO LIFE ...
� IF MURDER DURING HATE CRIME, LIFE WITHOUT PAROLE
DEATH PENALTY
� ONLY FOR FIRST DEGREE MURDER WITH SPECIAL CIRCUMSTANCES
� TWENTY �SPECIAL CIRCUMSTANCES� (ONE DECLARED UNCONSTITUTIONAL)
SECOND DEGREE MURDER
� ANY MURDER NOT OF THE FIRST DEGREE ...
� ANY OTHER CRIMINAL HOMICIDE WITH MALICE AFORETHOUGHT
� INCLUDES ANY OTHER �INHERENTLY DANGEROUS� FELONY (COURT CREATED RULE)
PENALTIES FOR SECOND DEGREE MURDER
� 15 TO LIFE
� IF OF A PEACE OFFICER, 25 TO LIFE
� IF DURING A DRIVE-BY, 20 TO LIFE
MANSLAUGHTER
� �CRIMINAL HOMICIDE WITHOUT MALICE�
� THREE TYPES (MORE ON EACH FOLLOWS): VOLUNTARY, INVOLUNTARY, VEHICULAR
VOLUNTARY MANSLAUGHTER
� �UPON A SUDDEN QUARREL�
� �IN THE HEAT OF PASSION�
� ADEQUATE PROVOCATION REDUCES MURDER TO MANSLAUGHTER
� IF PASSIONS HAVE TIME TO COOL, IT�S MURDER
INVOLUNTARY MANSLAUGHTER
� KILLING DURING A MISDEMEANOR
� NEGLIGENT HOMICIDE
� SHALL NOT APPLY TO ACTS COMMITTED WHILE DRIVING (SEE VEHICULAR MANSLAUGHTER)
VEHICULAR MANSLAUGHTER
� FELONY � GROSS NEGLIGENCE (DEFINED LATER) AND DUI
� WOBBLER � GROSS NEGLIGENCE OR DUI
� MISDEMEANOR � NEITHER GROSS NEGLIGENCE NOR DUI
GROSS NEGLIGENCE (DEFINED BY CASE LAW ONLY)
� EXCESSIVE SPEED, HITTING A PERSON AT THE SIDE OF THE ROAD
� FAILURE TO STOP AT RED LIGHT, HITTING CROSS-TRAFFIC DRIVER
� BLINDED BY ONCOMING HEADLIGHTS, HITTING PEDESTRIAN NOT GROSS NEGLIGENCE