MURDER VS
MANSLAUGHTER
Forensics 7.3 - November 18, 2013
Objectives: SWBAT



Review and debrief: CASE STUDY
Review Freakonomics: Assignment 1
Examine the distinction between Murder and
Manslaughter
Murder

The willful killing of another person
 First-Degree
 Second-Degree
 Felony
 The
Murder
act of committing a murder while in the commission of
another crime
Second-Degree Murder

Unlawful homicide lacking malice aforethought and
premeditation
 Unintentional
homicide
 But not manslaughter
 Having a depraved mind and heart
Depraved mind or heart

From South Dakota
 “…when
perpetrated by an act imminently dangerous to
others and evincing a depraved mind, regardless of
human life, but without premeditation for…death of a
particular individual…”
 Translation:
 Shooting
a firearm into a crowd or full car
 Shaking an infant
Second-Degree Convictions in practice


Convictions for second-degree often reflect a jury
pardon
The defendant is on trial for FD-Murder
 The
jury determines the state has not proven FD well
enough
 The jury will sometimes return a verdict of Seconddegree Murder
 This
is always a non-capital crime (no death penalty)
 The act was there, but not the specific intent
Manslaughter



The unlawful killing of another without malice
Some states have manslaughter in degrees like
murder
Voluntary vs Involuntary
A
matter of circumstances
 Provocation
 Crimes
of passion
 Words alone can not provoke
 A series of instances might
Manslaughter



A question of neglect
If an unsupervised child dies while they are left
home alone, the parent of that child may be guilty
of manslaughter
Vehicular Manslaughter
 Operating
a vehicle with a wanton disregard for the
safety of others
CW: Manslaughter or Murder

Consider the examples
 Are
the manslaughter or murder?
 Explain why
SEXUAL CRIMES
Forensics 7.4 - November 18, 2013
Objectives: SWBAT


Identify the key indicators of sexual crimes
Evaluate the evolution of sex crimes over time
Rape and Sexual Battery

Traditionally sexual crimes revolve around the idea
of carnal knowledge of a female against her will
 Sexual
intercourse
 Common-law rape/ forcible rape
 Statutory rape
 An
adult having sex with a minor more than (x) years
younger regardless of consent
 Marital
 Until
exception
recently convicting a husband for raping his wife was
considered
Rape and Sexual Battery

Modern interpretations
 Two
major factors: force and consent
 Courts struggle with how to define these two conditions

Statutory rape has been easier to define
 It
is based on age alone and consent is taken out of the
equation
 Statutory rape laws are mostly gender-neutral

Assume that all that is happening is “traditional”
heterosexual intercourse – can a man be raped?
Modern American Reforms

Starting in the 1970’s rape laws have gone under
multiple reform
 Led

mostly by women’s groups
Today rape law is typically gender neutral
 Offender
and victim may be of either sex
 Falls under the broader term of sexual battery

Rape Shield Laws
 No
longer can a victim’s prior sexual history be used to
discredit their claim
Contemporary Statutes

Any for of sexual contact is considered
 Sexual
contact can be described as the “intimate
touching” of a victim’s intimate parts
 For the purpose of sexual gratification/ arousal

In most states it is automatically a crime if
 The
person is under 13
 Incest
 Teacher/ student
The Burden of the State

The state must prove corpus delicti
A
crime has taken place
 It is usually easy to prove that sexual contact has taken
place, but proving the consent aspect is more difficult
 This



is where forensic science plays a very important part
Maintaining evidence, quick/ timely photos
Can be further traumatizing
There is usually a lack of third-party testimony
 Quick
complaint theory