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MURDER

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by

Levi Caldwell

on 11 December 2014

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Transcript of MURDER



1) An unlawful killing
2) Of a human being.
3) Intentionally
4) With planning (or “malice aforethought”)
All of the elements must be shown by a prosecutor to have been produced by the defendant
beyond a reasonable doubt
.
Corpus Delicti
: body of crime
Malice
:
expressed (
must be shown for first degree
)
or
implied
(second degree can be dropped to manslaughter).

HOMICIDE & MURDER
Killers
Jeffrey Dahmer
Green River Killer
HOMICIDE
Sources

Psychopaths/sociopaths are diagnosed by their purposeless and irrational antisocial behavior, lack of conscience, and emotional vacuity. Thrill seekers, literally fearless. Punishment rarely works, because impulsive by nature and fearless of consequences. Incapable of having meaningful relationships, they view other as fodder for manipulation and exploitation.
The killing of another human being under conditions specifically covered in law. In the U.S., special statutory definitions include murder committed with malice aforethought, characterized by deliberation or premeditation or occurring during the commission of another serious crime, as robbery or arson (first-degree murder) and murder by intent but without deliberation or premeditation (second-degree murder)
Sources:

Dictionary.com. Dictionary.com, n.d. Web. 17 Nov. 2014.

"Stories About Serial Killers and Related Investigations from the Crime Library." Stories About Serial Killers and Related Investigations from the Crime Library. N.p., n.d. Web. 24 Nov. 2014.

Schmalleger, Frank. Criminal Justice Today: An Introductory Text for the 21st Century. Eleventh ed. Upper Saddle River, NJ: Pearson Prentice Hall, 2011. Print.

Hunt, Derald D., and Devallis Rutledge. California Criminal Law Concepts: 2009 Edition. New York (etc.): Pearson Custom, 2009. Print.

Swanson, Charles R., Neil C. Chamelin, and Leonard Territo. Criminal Investigation. Eleventh ed. New York: McGraw-Hill Higher Education, 2012. Print.

BRIEF HISTORY
INVESTIGATION
First Questions:
Who were the victims enemies?
Who would benefit most from the victim's death?
Estimation time of death?
Types of Defenses
Alibi

A claim of alibi
Claims outright innocence
Not present at the scene (hotel receipts, eyewitness identification...)
Justifications
Self-defense
Reasonable force
Defense of others
Defense of home and property
The Castle Exception
Necessity
Consent
Resiting unlawful arrest
Excuses
Duress
Age
Mistake
Involuntary intoxication
Unconsciousness
Provocation
Insanity
M'Naghten Rule:
Diminished capacity
Mental incompetence
Procedural Defenses
Entrapment
Double jeopardy
Collateral estoppel
Selective prosecution
Denial of a speedy trial
Prosecutorial misconduct
Police fraud
Gary Leon Ridgeway
Pleaded guilty Nov. 5, 2003, to the murders of 48 women.
Charles Manson
Born in Ohio in 1934, is notoriously connected to the brutal slayings of actress Sharon Tate and other Hollywood residents, but was never actually found guilty of committing the murders himself. However, he is still associated with several brutal slayings including the famous 'Tate-La Bianca' killings that have immortalized him as a living embodiment of evil. Images of his staring 'mad eyes' are still used today to illustrate countless serial-murder news stories. The Manson Family—including Charles Manson and his young, loyal drop-out disciples of murder—is thought to have carried out some 35 killings. Most were never tried, either for lack of evidence or because the perpetrators were already sentenced to life for the Tate/La Bianca killings. In May 2007, Manson was denied parole for the 11th time
was born in Milwaukee on May 21, 1960. He killed his first murder victim, Steven Hicks, with a blow to the head in 1978. Dahmer killed 17 men, molesting some of them, between 1978 to 1991. Once caught, he was sentenced to 15 consecutive life terms in 1992. On November 28, 1994, Dahmer was murdered by fellow prisoner Christopher Scarver.
http://www.tubechop.com/watch/4228531
Ted Bundy (Theodore Robert Cowell)
1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion"; or

“the unlawful killing of a human being, without
malice
.
Voluntary
- upon a sudden quarrel or heat of passion. A person who is acting under the provocation of sudden emotion is not deemed as culpable as a person acting from malicious motivation to kill. (Self Defense motivation)(heat of passion, there was provocation, or the person flipped out and lost all control.

Forensic pathology:
study of how people die.
Autopsy:
may answer question such as:
What type of weapon
If multiple wounds: which was fatal?
How long did victim live after injury
What position was victim in during time of death
From what direction was force applied
Is there any evidence of rape or other sex-related acts.
Was the deceased under the influence of alcohol or drugs?



Postmortom Changes and Time of Death
The longer the postmortem interval, the less precise is the estimate of the time of death.
Algor Mortis (body cooling)
Ocular Changes
Stomach Contents
Rigor Mortis
Livor Mortis
Cadaveric Spasm
Decomposition
Forensic Entomology:
study of insects associated with a dead body, to determine elapsed time of dead body.
Evidence from wounds
Firearm wounds
contusion rings
rifling marks
angles
Discharge
(GSR) Gun shot residue
Incised wounds
Stab wounds
Puncture wounds
Laceration
look for defense wounds.
SUICIDE
Gunshot wounds
Hanging
Sleeping pills and other Pharmaceuticals
Drowning
Poisons
Fire deaths
Internal substances
2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.
Involuntary
- in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. It is a homicide unintentionally caused, and without malice, resulting from the commission of an unlawful act not amounting to a felony.
The DIFFERENCE between Murder and Manslaughter:
murder requires malice and manslaughter does not.

According to one psychological surveying tool (DSM IIIR) Between 3-5% of men are sociopaths; less than 1% of female populations are sociopaths. Psychopaths often make successful businessman or world leaders not all are motivated to kill. Environmental factors, psychiatrists say which create a sociopath:
60% of psychopathic individuals lost a parent.
Child deprived of love or nurturing, parents detached/absent.
Inconsistent discipline; if fathers are stern and mothers soft: child learns to hate authority and manipulate mother.
Mass Murder:
the killing of four or more victims at one location, within one event.
Killing spree
: involving two killings at two or more locations with almost no time break (cool time) between murders.
Serial murder:
the killing of victims in three or more separate events.
ELEMENTS of First-Degree Murder:
Second Degree Murder:
Third Degree (MANSLAUGHTER)
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