Murder In Hawaii
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Murder In Hawaii
Murder in Hawaii law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Hawaii. The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate well below the median for the entire country. Elements A first-degree murder involves one or more specific elements: * Multiple victims killed * A public safety official, such as a police officer, firefighter, or paramedic/EMT * A judge or prosecutor killed (in connection with their respective duties) * A witness in a criminal case killed (in connection with the person being a witness) * Murder committed for hire (with the charge applying to both the murderer and the person who paid the murderer) * Murder committed by an imprisoned person * Murder committed under organized crime (refer to RICO act) Felony murder rule In Hawaii, the common law felony murder rule has been completely abolished. I ...
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Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state geographically located within the tropics. Hawaii comprises nearly the entire Hawaiian archipelago, 137 volcanic islands spanning that are physiographically and ethnologically part of the Polynesian subregion of Oceania. The state's ocean coastline is consequently the fourth-longest in the U.S., at about . The eight main islands, from northwest to southeast, are Niihau, Kauai, Oahu, Molokai, Lānai, Kahoolawe, Maui, and Hawaii—the last of these, after which the state is named, is often called the "Big Island" or "Hawaii Island" to avoid confusion with the state or archipelago. The uninhabited Northwestern Hawaiian Islands make up most of the Papahānaumokuākea Marine National Monument, the United States' largest protected ...
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Centers For Disease Control And Prevention
The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgia. The agency's main goal is the protection of public health and safety through the control and prevention of disease, injury, and disability in the US and worldwide. The CDC focuses national attention on developing and applying disease control and prevention. It especially focuses its attention on infectious disease, food borne pathogens, environmental health, occupational safety and health, health promotion, injury prevention and educational activities designed to improve the health of United States citizens. The CDC also conducts research and provides information on non-infectious diseases, such as obesity and diabetes, and is a founding member of the International Association of National Public Health Institutes.
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Felony Murder Rule
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous felo ...
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Hawaii State Legislature
The Hawaii State Legislature is the state legislature of the U.S. state of Hawaii. The state legislature is a bicameral body consisting of a lower house, the Hawaii State House of Representatives, with 51 representatives, and an upper house, the 25-member Hawaii State Senate. There are a total of 76 lawmakers in the legislature, each representing single member districts across the islands. The powers of the legislature are granted under Article III of the Constitution of Hawaii. The legislature convenes at the Hawaii State Capitol building in the state capital of Honolulu, on the island of Oahu. History The legislature is a descendant of the two houses of the parliament for the Kingdom of Hawaii, the Legislature of the Hawaiian Kingdom, created in the 1840 Constitution of the Kingdom and continued in the subsequent 1852 Constitution as the Legislature of the Hawaiian Islands, consisting of the House of Representatives (Hawaiian Kingdom) and the House of Nobles. Following the ...
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Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.Wechsler (1952)Dubber (2015, pp. 7-10). The ALI performed an examination of the penal system in the U.S. and the prohibitions, sanctions, excuses, and authority used throughout in order to arrive at a cohesive synthesis to the extent possible, and the best rules for the penal system in the United States. Primary responsibility for criminal law lies with the individual states, which over the years led to great inconsistency among the various state penal codes. The MPC was meant to be a comprehensive criminal co ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ...
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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 ...
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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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Life Imprisonment In The United States
In the United States, life imprisonment is amongst the most severe punishments provided by law, depending on the state, and second only to the death penalty. According to a 2013 study, 1 of every 20,000 inhabitants of the U.S. were imprisoned for life . Many U.S. states can release a convict on parole after a decade or more has passed, but in California, people sentenced to life imprisonment can normally apply for parole after seven years. The laws in the United States categorize life sentences as "determinate life sentences" or "indeterminate life sentences," the latter indicating the possibility of an abridged sentence, usually through the process of parole. For example, sentences of "15 years to life," "25 years to life," or "life with mercy" are called "indeterminate life sentences", while a sentence of "life without the possibility of parole" or "life without mercy" is called a "determinate life sentence". The potential for parole is not assured but discretionary, making it an ...
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Parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ''parole'' ("speech, spoken words" but also "promise"), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Modern development Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for event ...
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Commutation (law)
In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court (a full overturning is equal to an acquittal In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...), a commutation does not affect the status of a defendant's underlying criminal conviction. Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal penalty for the original sentence, some jurisdictions have historically used the term only for the substitution of a sentence of a different character than was originally imposed by the court. For example, the substitution of a sentence of parole for the original ...
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