Criminal Law Essay

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CJ230-03 Criminal Law for Criminal Justice Professor Daniel Maloney Murder and Rape The two crimes I have chosen to write on are premeditated/first degree murder and rape. Both of these crimes are felonies and can both have a prison term of up to life in prison. These are also both common law crimes. Murder is the killing of a human being by another human being with malice aforethought. (Criminal Law Capsule Summary). Premeditated murder is the intent to kill someone deliberately. This is a common law crime. Model Penal Code – A person is guilty of criminal homicide under the Model Code if he unjustifiably and inexcusably takes the life of another human being [MPC § 210.0(1)] purposely, knowingly, recklessly, or negligently (Criminal Law Capsule Summary). There are many different elements of murder and each state differs on these elements. State laws often categorize specific types of killings as first degree. In these cases, the typical elements of specific intent to kill, deliberation and premeditation may not be required. These often include: * the killing of a child by use of unreasonable force; * certain killings committed in a pattern of domestic abuse; * the murder of law a law enforcement officer, and * homicides occurring in the commission of other crimes such as arson, rape, robbery or other violent crimes. Many states also categorize certain methods of killing as murder in the first degree. These include intentional poisonings, murders resulting from imprisonment or torture and murders in which the killer "laid in wait" for or ambushed the victim (FindLaw, 2012). The mens rea of this crime is purposely. The person acted on purpose or deliberately. The person must possess a specific intent or “conscious object” to commit a crime or a result (Lippman, 2007). The actus reas of this murder is the murder itself. Actus

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