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Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Involuntary Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide
Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system. Criminality Criminal homicide takes many forms including accidental killing or murder. Criminal homicide is divided into two broad categories, murder and manslaughter, based upon the state of mind and intent of the person who commits the homicide. A report ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provocation (legal)
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice (malice aforethought).Criminal Law Cases and Materials, 7th ed 2012; John Kaplan, Robert Weisberg, Guyora Binder It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."Model Penal Codes Commentaries to §210.3 Manslaughter Provocation is often a mitigating factor in sentencing. It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime. It may however, lead to a lesser punishment. In some common law legal systems, provocation is a "partial defense" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter. Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voluntary Manslaughter
Voluntary manslaughter is the killing of a human being in which the offender acted during ''the heat of passion'', under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they cannot reasonably control their emotions. Voluntary manslaughter is one of two main types of manslaughter, the other being involuntary manslaughter. Provocation Provocation consists of the reasons for which one person kills another. "Adequate" or "reasonable" provocation is what makes the difference between voluntary manslaughter and murder. Provocation is said to be adequate if it would cause a reasonable person to lose self-control. State of mind Intent to kill Voluntary manslaughter requires the same intent as murder. The charge of murder is reduced to manslaughter when the defendant's culpability for the crime is "negated" or mitigated by adequate provocation.Scott Mire and Cliff Roberson, The Study of Violent Crime: Its Correlates and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provocation (legal)
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice (malice aforethought).Criminal Law Cases and Materials, 7th ed 2012; John Kaplan, Robert Weisberg, Guyora Binder It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."Model Penal Codes Commentaries to §210.3 Manslaughter Provocation is often a mitigating factor in sentencing. It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime. It may however, lead to a lesser punishment. In some common law legal systems, provocation is a "partial defense" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter. Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime Of Passion
A crime of passion (French: ''crime passionnel''), in popular usage, refers to a violent crime, especially homicide, in which the perpetrator commits the act against someone because of sudden strong impulse such as anger rather than as a premeditated crime. A high level of social and legal acceptance of crimes of passion has been historically associated with France from the 19th century to the 1970s, and until recently with Latin America. Description The "crime of passion" defense challenges the ''mens rea'' element by suggesting that there was no malice aforethought, and instead the crime was committed in the "heat of passion". In some jurisdictions, a successful "crime of passion" defense may result in a conviction for manslaughter or second degree murder instead of first degree murder, because a defendant cannot ordinarily be convicted of first degree murder unless the crime was premeditated. A classic example of a crime of passion involves a spouse who, upon finding his or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Negligence
In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an objective standard of behaviour expected of the defendant and does not refer to their mental state. Concept To constitute a crime, there must be an ''actus reus'' (Latin for "guilty act") accompanied by the ''mens rea'' (see concurrence). Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminally Negligent
In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to strict liability, ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an objective standard of behaviour expected of the defendant and does not refer to their mental state. Concept To constitute a crime, there must be an ''actus reus'' (Latin for "guilty act") accompanied by the ''mens rea'' (see concurrence). Negligence shows the least level of culpability, intention (criminal law), intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Negligence
In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an objective standard of behaviour expected of the defendant and does not refer to their mental state. Concept To constitute a crime, there must be an ''actus reus'' (Latin for "guilty act") accompanied by the ''mens rea'' (see concurrence). Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culpable Homicide
Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom, the name of the offence associates with Scots law rather than English law. Jurisdictions "Culpable homicide" offences are found in the following jurisdictions; the description of the local version of the offence is given where available: Canada In Canada, "culpable homicide" is not itself an offence. Rather, the term is used in the Criminal Code to classify all killings of persons as either culpable or not culpable homicide. There are three types of culpable homicide: murder, manslaughter and infanticide. Killings classified as not culpable are justifiable killings; thus the term is used to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
