...1 Criminal Homicide v. Non-Criminal Homicide Criminal V. Non-Criminal Angela Lesher Davenport University Legal 211 Dr. Willing June 20, 2015 2 Criminal Homicide v. Non-Criminal A homicide, whether it is accidental or intentional, can tear a family apart. The results of such a tragedy not only affect the family, but trickle down to friends, co-workers and even a whole community. A homicide is defined as “the killing of a human being by another human being.”(Schmalleger & Hall, 2014, p. 210) Under early common law, established by English courts, homicide was either felonious or non-felonious. Justifiable homicide and excusable homicide were considered non-felonious and felonious homicide was distinguished as murder. U.S. courts adopted English common law, and as time went on, modified felonious or criminal homicide into various categories. Today there are three types of homicide. They are justifiable, excusable, and criminal. Justifiable homicide and excusable homicide are considered noncriminal homicides. Criminal homicide can be further broken down into three categories, murder, manslaughter, and negligent homicide. According to the Bureau of Statistics, the homicide rate in the United States has declined since 2000 and has fallen to levels last seen back in the 1960’s. (bjs.gov) Males represent the highest percentage of victims, and the percentage of men who were the victims of a homicide is three times higher than that of a female victim. Men...
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...Murder: And all its forms Throughout the criminal justice system, news, and in many other situations the term “murder” is used quite frequently however usually incorrectly. Some people say animals or even trees get murdered, but under the law it is not murder unless a human takes the life of another human. Homicide is a lawful term for any killing of a human being by another human being. Homicide itself is not automatically a crime, some homicides are legal, such as the justifiable killing of a suspect by the police or a killing in self-defense. Unlawful homicides are classified as crimes like murder and manslaughter. This paper will explain the important but often overlooked distinctions between murder and manslaughter, and the different variations of both crimes. When we look at “murder” we must also look at the different degrees of murder which are a reflection of the intent or severity of a certain murder charge. The most common degrees of murder are 1st degree murder and 2nd degree murder and in some cases what we call “capital murder”. Regardless of the label on the degree of the murder committed, the general idea is to increase the punishment with the degree. The more inhumane the killing is, or the motive associated behind the killing, then the greater the punishment and degree is for the murder. We must first understand what murder is: Murder is the killing of one human by another that is intentional, unlawful, and done with “malice aforethought” or in other words...
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...November 6, 2011 Mr. Stolker Personal crimes cover a wide range of crimes in the criminal justice system. Personal crimes are crimes that affect a person on a personal level. I will go through crimes such as homicide, assault, battery, mayhem, rape and statutory rape. I will show the link on how these crimes can affect a person on a personal level. Homicide is the unlawful killing of one human being by another human being. There are three different crimes of homicides defined in the text. The first being Justifiable homicides that are permitted by law. The second is Excusable homicides, this type of homicide involves fault of a person killing another, but not enough fault the person is charged with criminal homicide. An example of this type of homicide is if a person driving a car is involved in an accident because of road conditions being icy. The person who lost control of the vehicle because of road conditions killed another person in the car they had hit. They caused an accident, but had no intentions of causing the accident or killing another person. The third is Criminal homicide, with criminal homicide the person who committed the act did so intentionally. Criminal homicide is when justifiable homicide and excusable homicide can be ruled out. Criminal homicide is a personal attack on another human being. (Schmalleger, 2010 Chapter 7 page 192) Assault is a personal attack on another person by either a physical act or verbal attack. Assault is an attempt or a threatened...
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...University of Phoenix Material Week Three Worksheet Match the items in the Case Summary column to the Options in the right column by entering the correct corresponding alphabetical letter next to the numbers in the first column. Not all options will be used. | | |Case Summary | |Options | | | | | | | | |D |Shaun is driving home at night from work on a six-lane road, |Murder | | | |under the speed limit. There are no streetlights. A man is |Voluntary manslaughter | | | |crossing the middle of the street, and Shaun does not see him. |Involuntary manslaughter | | | |Shaun hits the man and kills him. |Justifiable homicide | | | | |Excusable homicide | | | | |Statutory rape | | | | |Malice aforethought | | | | ...
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...Nevada and Taft Union High School in Taft, California are only three examples of school shootings that have taken place in schools across the United States. If gun laws become more restricting and hinder the availability for people to obtain weapons, if schools began to reinforce and toughen security, and if mental health care facilities strengthen and improve their programs and institutions to accommodate to those...
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...sense of decided resolve versus the sense of emotional passion. An example of this would be in the fact that you may not desire to commit theft but you may decide to do it anyway to feed your family or because you are starving. The level of the desire to steal is compared against the degree of aforethought, or planning, involved in the criminal act to determine the magnitude of criminal guilt. This concept would also determine the severity of punishment for the defendant. In addition to mens rea, actus reas is also an essential element of criminal...
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... C. Principles that Limit Punishment 1. Legality, Vagueness Lenity II. Components of a Crime A. Actus Reus 1. Conduct 2. Attendant Circumstances 3. Social Harm 4. Causation a. Actual Causation b. Proximate Cause i. Common law: Intervening Cause? ii. MPC: Built into culpability standards 5. Concurrence of Elements B. Mens Rea 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a. Inherently Dangerous Felony b. Merger Doctrine c. In furtherance of Felony IV. Rape A. Mens Rea and role of mistake 1. B. Actus Reus 1. Subjective 2. FRR 3. No Means No 4. Affirmatively Expressed Consent V. Inchoate A. Attempt 1. CL a...
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...Legal Aspects of Intoxication Aditya Vikram Yadav Student Chapter 1 Abstract Intoxication as defined in S. 86 has remained a convenient defence in numerous murder cases, as it allows for acquittal in case of temporary insanity due to drunkenness. Through this paper we explore the jurisprudential history and the legal aspect of intoxication and find ways to bypass the landmark judgement of Basdev v. State of PEPSU(1956), which established the doctrine of insanity based on previous English judgements. This paper seeks to find ways for the police to establish guilt in such cases. S. 86 Scope of Section – The Indian Courts attribute the same knowledge to an inebriated person as they do to when he is sober. If the man has not gone very deep in drinking, the court can gather from the facts his intention, and whether the act was intended. Therefore, in cases where intention is essential, drunkenness is a defence. This section creates an artificial rule for effect of evidence and significance of facts, and the section must be read as it is and construed strictly. No knowledge or intention further of that of a sober man can be established to an intoxicated person. Drunkenness where not available as a defence can be offered as a mitigator of sentence. The section makes clear that intoxication has no effect on a person’s knowledge, and he must be presumed to cause the consequences of his acts. The difference between S. 85 and S. 86 is essentially based on whether the drunkenness...
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...ESSENTIAL ELEMENTS OF CRIME Elements: Actus Reus – physical act or unlawful omission by the D Mens rea – state of mind or intent of D at the time of act Concurrence – actus reus and mens rea exist at same time Harmful result and causation – a harmful result caused both factually and proximately by D’s act Attendant circumstances – ACTUS REUS: Definition: physical/external, or objective, part of the crime Eser = Actus Reus is the comprehensive notion of the act, harm and its connecting link, causation, w/ actus [expressing the voluntary physical movement in conduct] and reus [this conduct results in a certain proscribed harm (e.g. causes injury to the legal interest protected in that crime)] Conduct crimes: punished for illegal act [e.g. driving while intoxicated] Result crimes: punished for result [e.g. murder] VOLUNTARY ACTS: Definition: The D’s act must be voluntary in the sense that it must be a conscious exercise of the will. Rationale: An involuntary act will not be deterred by punishment. Not voluntary // not liable: Conduct that is not the product of the actor’s determination. E.g. A shoves B into C w/ result that C falls to death. Reflexive or convulsive acts Acts performed while the D was either unconscious or asleep UNLESS the D knew that he might fall asleep or become unconscious and engaged in the dangerous behavior. MARTIN V. STATE: Police arrested drunk Martin at home and brought him to highway – convicted of being drunk on highway...
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...Senior Research Project: Is the right to bear arms ethical? Lucas Van Duyn Senior Seminar: Business Ethics Dr. Jewe July 31, 2012 Introduction to the Project: In the United States, research into firearms and violent crime is fraught with difficulties, associated with limited data on gun ownership and use, firearms markets, and aggregation of crime data. Research studies into gun violence have primarily taken one of two approaches: case-control studies and social ecology. Gun ownership is usually determined through surveys, proxy variables, and sometimes with production and import figures. In statistical analysis of homicides and other types of crime, which are rare events, these data tend to have poison distributions, which also presents methodological challenges to researchers. (Just Facts, 2010) Americans own an estimated 270 million firearms, approximately 90 guns for every 100 people. In 2009, guns took the lives of 31,347 Americans in homicides, suicides and unintentional shootings. This is the equivalent of more than 85 deaths each day and more than three deaths each hour. 66,769 Americans were treated in hospital emergency departments for non-fatal gunshot wounds in 2009. Firearms were the third-leading cause of injury-related deaths nationwide in 2009, following poisoning and motor vehicle accidents. Between 1955 and 1975, the Vietnam War killed over 58,000 American soldiers – less than the number of civilians killed with guns in the U.S. in an average...
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...to the person who inflicts the injury, if the injury is of such a nature, or is inflicted under such circumstances, that its infliction is injurious to the public as well as to the person injured. But the injuries given and received in prize-fights are injurious to the public, both because it is against the public interest that the lives and the health of the combatants should be endangered by blows, and because prize-fights are disorderly exhibitions, mischievous on many obvious grounds. Therefore the consent of the parties to the blows which they mutually receive does not prevent those blows from being assaults . . . In cases where life and limb are exposed to no serious danger in the -4- common course of things, I think that consent is a defence to a charge of assault, even when considerable force is used, as, for instance, in cases of wrestling, single-stick, sparring with gloves, football and the...
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...International NGO Journal Vol. 3 (12), pp. 224-231, December, 2008 Available online at http:// www.academicjournals.org/INGOJ ISSN 1993–8225 © 2008 Academic Journals Article Euthanasia – A dignified end of life! Vaibhav Goel Faculty of Law Addis Ababa University Addis Ababa Ethiopia. E-mail: vaibhav_hnlu@yahoo.co.in. Accepted 27, October 2008 Survival is undoubtedly valuable but some time and in certain condition life becomes painful and impossible or unbearable, in that stage survilance seems, like a curse or abuse. Euthanasia – a new word for masses become common about four years back in the month of December 2004 because of Venkatesh plea for granting him right to die. Euthanasia is nothing else but a permit or license to the medical professional for ending the life of a person in question. No doubt if it will be permitted in laws, may be the biggest threat to the creature. In fact the concept is debatable; here the key question is “What should be the ingredients of law which would legalize Euthanasia?” Hence the purpose of writing this paper is to examine the questions pertaining to Euthanasia, especially in the light of traditional perspective besides legal dimensions of MTP and to suggest legal aspects of the same to make life with dignity even at the time of end. In addition the second key question may be that if it permitted weather it will be on the recommendation of the doctors or in the consent of the relative of the Patient? Keywords: Euthanasia, PAS, Suicide...
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...VOLUME EDITOR S. WALLER is an Associate Professor of Philosophy at Montana State University Bozeman. Her areas of research are philosophy of neurology, philosophy of cognitive ethology (especially dolphins, wolves, and coyotes), and philosophy of mind, specifically the parts of the mind we disavow. SERIES EDITOR FRITZ ALLHOFF is an Assistant Professor in the Philosophy Department at Western Michigan University, as well as a Senior Research Fellow at the Australian National University’s Centre for Applied Philosophy and Public Ethics. In addition to editing the Philosophy for Everyone series, Allhoff is the volume editor or co-editor for several titles, including Wine & Philosophy (Wiley-Blackwell, 2007), Whiskey & Philosophy (with Marcus P. Adams, Wiley, 2009), and Food & Philosophy (with Dave Monroe,Wiley-Blackwell, 2007). P H I L O S O P H Y F O R E V E RYO N E Series editor: Fritz Allhoff Not so much a subject matter, philosophy is a way of thinking.Thinking not just about the Big Questions, but about little ones too.This series invites everyone to ponder things they care about, big or small, significant, serious … or just curious. Running & Philosophy: A Marathon for the Mind Edited by Michael W. Austin Wine & Philosophy: A Symposium on Thinking and Drinking Edited by Fritz Allhoff Food & Philosophy: Eat,Think and Be Merry Edited by Fritz Allhoff and Dave Monroe Beer & Philosophy: The Unexamined Beer Isn’t Worth Drinking Edited by Steven D. Hales Whiskey & Philosophy:...
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...Synonyms and Antonyms, by James Champlin Fernald 1 Synonyms and Antonyms, by James Champlin Fernald Project Gutenberg's English Synonyms and Antonyms, by James Champlin Fernald This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.net Title: English Synonyms and Antonyms With Notes on the Correct Use of Prepositions Author: James Champlin Fernald Release Date: May 21, 2009 [EBook #28900] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT GUTENBERG EBOOK ENGLISH SYNONYMS AND ANTONYMS *** Produced by Jan-Fabian Humann, Stephen Blundell and the Online Distributed Proofreading Team at http://www.pgdp.net English Synonyms and Antonyms A Practical and Invaluable Guide to Clear and Precise Diction for Writers, Speakers, Students, Business and Synonyms and Antonyms, by James Champlin Fernald Professional Men Connectives of English Speech "The work is likely to prove of great value to all writers."--Washington Evening Star. 2 "The book will receive high appreciation from thoughtful students who seek the most practical help."--Grand Rapids Herald. "It is written in a clear and pleasing style and so arranged that but a moment's time is needed to find any line of the hundreds of important though small words which this book discusses."--Chattanooga Times. "Its...
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...IMPORTANT This electronic version of The Century Vocabulary Builder (1922) has been prepared by Serenson Pty Ltd for www.write-better-english.com. This PDF follows the pagination of the original (hard copy) book and includes hypertext links that we have inserted, which look like this. Please do not remove links. Reformatting the original text into this PDF has been no easy task; it is possible that the process has introduced errors or caused omissions. As a result, we make no guarantee about the accuracy or completeness of this version of the Vocabulary Builder. If you find an error or omission in this PDF, please check the original book and contact us so that we can fix the error or omission. Please check your local copyright laws before accessing this PDF. If you are serious about building your vocabulary, we highly recommend you try the popular vocabularybuilding program called Ultimate Vocabulary Want the ultimate vocabulary builder? Click www.write-better-english com/ultimate-vocabulary.aspx THE CENTURY VOCABULARY BUILDER BY GARLAND GREEVER AND JOSEPH M. BACHELOR NEW YORK THE CENTURY CO. Want the ultimate vocabulary builder? Click www.write-better-english com/ultimate-vocabulary.aspx PREFACE You should know at the outset what this book does not attempt to do. It does not, save to the extent that its own special purpose requires, concern itself with the many and intricate problems of grammar, rhetoric, spelling, punctuation, and the like; or clarify...
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