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					Homicide
       Criminal Homicide

            Defined – ORS 163.005
                Criminal homicide = murder,
                 manslaughter or criminally negligent
                 homicide
                Human being – a person who was alive
                 and born at the time of the criminal act

                 Note: Does not apply to fetuses

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       Murder – ORS 163.115

            Intentional homicide
            See next Alternative Theories to
             Murder




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       Alternative Theories of Murder

            Felony murder – ORS 163.115 (1)(b)
                When a death occurs while the suspect is
                 committing, attempting to commit or
                 during immediate flight from commission
                 of a designated felony crime
                The death must be of a non-participant
                See list of qualifying felonies and
                 affirmative defenses

March 2007
       Alternative Theories of Murder

            Murder by Abuse – ORS 163.115 (1)(c)
                Recklessly, under circumstances indicating
                 an extreme indifference to the value of
                 human life, causes the death of child under
                 14 or a dependent person; and




March 2007
       Alternative Theories of Murder

                The suspect must have previously
                 engaged in a pattern or practice of
                 assault or torture of the victim or another
                 child under 14 or dependent person; or
                The death must have been caused by
                 neglect or maltreatment.




March 2007
       Homicide - Definitions

            Assault – ORS 163.115 (6)(a)
            Neglect or maltreatment –
             ORS 163.115 (6)(b)
            Pattern or practice –
             ORS 163.115 (6)(c)
            Torture – ORS 163.115 (6)(d)


March 2007
        Aggravated Murder –
        ORS 163.095

            Aggravated Murder - ORS 163.095
            Special circumstances:
                Murder for hire
                Solicited murder
                Prior homicide conviction (Manslaughter I
                 or Murder)
                During the course of torture or maiming


March 2007
        Aggravated Murder –
        ORS 163.095

                The victim of intentional homicide under
                 14-years old
                The victim was one of the following and
                 related to the performance of the victim’s
                 official duties in the justice system:
                    Police, corrections, P&P, OSP, Judicial
                     Officer, juror or witness in criminal
                     proceeding, employee or officer of court,
                     State Board of Parole and Post-Prison
                     Supervision member

March 2007
        Aggravated Murder –
        ORS 163.095

                Defendant confined in state, county or
                 municipal penal or correctional facility or
                 was in custody when the murder
                 occurred
                Caused by explosives
                Effort to conceal crime or identity of
                 perpetrator
                After escape
                Felony murder committed intentionally
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                 and personally by the defendant
       Manslaughter I – ORS 163.118

            A criminal homicide
                Committed recklessly under
                 circumstances manifesting an extreme
                 indifference to the value of human life; or
                Which is committed intentionally under
                 the influence of an extreme emotional
                 disturbance; or
                “Murder by abuse” recklessly caused, but
                 not under circumstances manifesting
                 extreme indifference to the value of life.
March 2007
        Manslaughter II –
        ORS 163.125

            A criminal homicide is committed
             recklessly; or
            When someone intentionally causes or
             aids another in committing suicide;
            Except as authorized by the Assisted
             Suicide Law; or
            “Murder by abuse” when caused with
             criminal negligence.
March 2007
        Criminally Negligent Homicide –
        ORS 163.145

            Is the charge when someone causes
             the death of another with criminal
             negligence




March 2007

				
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