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Murder In New York Law
Murder in New York constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city. The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country. Definitions First-degree murder First-degree murder or aggravated murder is the most serious homicide offense in New York state. It is defined as the intentional killing of a person without justification with one of the following aggravating factors: * The victim was a police officer, peace officer, correctional employee, judge, or a criminal case witness * The murder was committed while the perpetrator was serving a life sentence * The murder was committed with torture of the victim * The murder was c ...
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New York (state)
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's popul ...
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Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the types ...
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Murder In United States Law
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, followed by voluntary manslaughter and involuntary manslaughter which are not as serious, followed by reckless homicide and negligent homicide which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification. Sentencing also varies widely depending upon the specific murder charge. "Life imprisonment" is a common penalty for first-degree murder, but its meaning varies widely. Capital punishment is a legal sentence in 27 states, and in the federal civilian and military legal systems, though 8 of these states and the federal gove ...
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Child Murder
Pedicide, child murder, child manslaughter, or child homicide is the homicide of an individual who is a minor. Punishment by jurisdiction United States In 2008, there were 1,494 child homicides in the United States. Of those killed, 1,035 were male and 452 were female. Several U.S. states have included child murder to their list of aggravating factors that may make a murder punishable by the death penalty, but the victim’s age under which the crime is a capital crime varies between them. In 2011, Texas raised this age from six to ten. Child manslaughter can result in an aggravated charge in some jurisdictions such as the State of Florida. United Kingdom Any murder in the United Kingdom carries a mandatory life sentence. In England and Wales, murder of a child involving sexual or sadistic conduct or abduction of the victim can result in a whole life order (i.e. life imprisonment without the possibility of parole) being imposed where the offender is at least 21 years ...
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Manslaughter (United States Law)
Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony (thereby triggering the felony-murder rule). Laws in the United States Voluntary manslaughter Voluntary manslaughter involves the intentional killing of a person in which the offender did not have prior intent to kill. The defendant may ...
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Vehicular Homicide
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle. In cases of criminal negligence, the defendant is commonly charged with unintentional vehicular manslaughter. Vehicular homicide is similar to the offense, in some countries, of "dangerous driving causing death". The victim may be either a person not in the car with the offending motorist (such as a pedestrian, cyclist, or another motorist), or a passenger in the vehicle with the offender. Jurisdictions Canada The Criminal Code does not have a specific offence for vehicular homicide, but has a series of provisions covering driving offences causing death, among them: * dangerous driving causing death * criminal negligence causing death * failure to stop for police causing death * street racing causing death * impaired driving causing death * hit and run driving causing death The maximum penalty for da ...
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Negligent Homicide
Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of duct tape that was left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. An employee had left the tape on and was charged with negligent homicide. Other times, an intentional killing may be negotiated down to the lesser charge as a compromised resolution of a murder case, as might occur in the context of the intentional shooting of an unarmed man after a traffic altercation. United States In the United States, all states define negligent homicide by statute, often defining the offense as involuntary manslaughter. Negligent homicide may be a lesser included offense to first and second degree murder, meaning that all of the elements of negligent homicide are elements of those more seriou ...
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Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. ...
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Prison Escape
A prison escape (referred as a bust out, breakout, jailbreak, or prison break) is the act of an inmate leaving prison through unofficial or illegal ways. Normally, when this occurs, an effort is made on the part of authorities to recapture them and return them to their original detainers. Escaping from prison is also a criminal offense in some countries, such as the United States and Canada, and it is highly likely to result in time being added to the inmate's sentence, as well as the inmate being placed under increased security that is most likely a maximum security prison or supermax prison. In some other places like Germany and a number of other countries, it is considered human nature to want to escape from a prison and it is considered as a violation of the right of freedom, so escape is not penalized in itself (in the absence of other factors such as threats of violence, actual violence, or property damage). Many prisons use security features such as CCTV, perimeter s ...
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Sexual Abuse
Sexual abuse or sex abuse, also referred to as molestation, is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another. Molestation often refers to an instance of sexual assault against a small child, whereas sexual abuse is a term used for a persistent pattern of sexual assaults. The offender is referred to as a sexual abuser or (often pejoratively) molester. The term also covers behavior by an adult or older adolescent towards a child to stimulate any of the involved sexually. The use of a child, or other individuals younger than the age of consent, for sexual stimulation is referred to as child sexual abuse or statutory rape. Live streaming sexual abuse involves trafficking and coerced sexual acts and or rape in real time on webcam. Victims Spouses Spousal sexual abuse is a form of domestic violence. When the abuse involves threats of unwanted sexual contact or forced sex by a woman's husband or ex-hu ...
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Rape Laws In The United States
Rape laws vary across the United States jurisdictions. However, rape is federally defined (even though individual state definitions may differ) for statistical purposes as: Terminology Laws use various terms to define aspects of instances of rape or sexual assault, including the acts themselves, the alleged perpetrator and the alleged victim, and whether they are or have been married to each other or someone else. * Penetrative acts: ** rape, or carnal knowledge (generally vaginal, sometimes also anal or oral) ** sodomy, unnatural intercourse, or crime against nature (only anal, generally between two men, sometimes also a man to a woman) ** sexual abuse (when an accuser was incapable of consenting due to age, or otherwise in an unequal power relation with the accused) ** sexual assault (can also be non-penetrative) ** sexual battery ** sexual intercourse or (mis)conduct (generally vaginal, sometimes also oral and anal) ** deviate sexual intercourse or (mis)conduct (only oral ...
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Arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. Arson which results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. A person who commits arson is referred to as an arsonist, or a serial arsonist if arson has been committed several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel and directionalize fires, and the detection and identification of ignitable liqui ...
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