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People V. Ireland
''People v. Ireland'', 70 Cal.2d 522 (1969), was a case decided by the Supreme Court of California that first introduced the merger doctrine in that state. Decision The defendant shot his wife with two .38 caliber bullets and killed her. The defendant was convicted of second degree murder after jury instructions were given that included an instruction on the felony murder rule. The California Supreme Court reversed the conviction based on the merger doctrine. The court reasoned that the underlying assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ... merged with the resulting homicide in the sense that the homicide did not require a felonious purpose independent of that that required for the assault.Bonnie, p. 866 References {{reflist Murder in California U.S. state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger J
Roger is a given name, usually masculine, and a surname. The given name is derived from the Old French personal names ' and '. These names are of Germanic origin, derived from the elements ', ''χrōþi'' ("fame", "renown", "honour") and ', ' ("spear", "lance") (Hrōþigēraz). The name was introduced into England by the Normans. In Normandy, the Frankish name had been reinforced by the Old Norse cognate '. The name introduced into England replaced the Old English cognate '. ''Roger'' became a very common given name during the Middle Ages. A variant form of the given name ''Roger'' that is closer to the name's origin is ''Rodger''. Slang and other uses Roger is also a short version of the term "Jolly Roger", which refers to a black flag with a white skull and crossbones, formerly used by sea pirates since as early as 1723. From up to , Roger was slang for the word "penis". In ''Under Milk Wood'', Dylan Thomas writes "jolly, rodgered" suggesting both the sexual double entend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Second Degree 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] |
California State Case Law
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, the Mex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1969 In United States Case Law
This year is notable for Apollo 11's first landing on the moon. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 **Ariana Afghan Airlines Flight 701 crashes into a house on its approach to London's Gatwick Airport, killing 50 of the 62 people on board and two of the home's occupants. * January 14 – An explosion aboard the aircraft carrier USS Enterprise (CVN-65), USS ''Enterprise'' near Hawaii kills 27 and injures 314. * January 19 – End of the siege of the University of Tokyo, marking the beginning of the end for the 1968–69 Japanese university protests. * January 20 – Richard Nixon is First inauguration of Richard Nixon, sworn in as the 37th President of the United States. * January 22 – Attempted assassination of Leonid Brezhnev, An assassination attempt is carried out on Soviet leader Leonid Brezhnev by deserter Viktor Ilyin. One person is killed, several are injured. Leonid Brezhnev, Brezhnev es ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder In California
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code. The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country. Definition The Code defines murder as "the unlawful killing of a human being, or a fetus, with malice aforethought", with the exception of abortions consented to by the mother of the fetus, where an abortion is necessary to preserve the mother's life, or when the abortion complied with the Therapeutic Abortion Act. While malice may be expressed in the form of a 'deliberate intention to take away the life of a fellow creature', it may be implied when there is no 'considerable provocation' for the killing, or when the circumstances around the killing 'show an abandoned and malignant heart'. In California, the common law " year and a day" rule has been changed to a "three years and a day" ru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Instructions
Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal rules governing how jurors should behave when deciding a case, often addressing with whom jurors may discuss the case and how jurors will decide who is guilty. They are a type of jury control procedure, intended to mitigate potential actions of jurors that may prevent a fair trial; the judge provides these instructions to ensure their interests are represented and nothing prejudicial is said. Use United States Under the American judicial system, juries are often the trier of fact when they serve in a trial. In other words, it is their job to sort through disputed accounts presented in evidence. The judge decides questions of law, meaning he or she decides how the law applies to a given set of facts. Jury instructions are given to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mathew Tobriner
Mathew Oscar Tobriner (April 2, 1904 – April 7, 1982) was an American lawyer and law professor who served as an associate justice of the California Supreme Court from 1962 to 1982. Early life and education A native of San Francisco, Tobriner was educated at Lowell High School (San Francisco), Lowell High School and was a member of its famed Lowell Forensic Society, the nation's oldest high school debate team. He attended Stanford University, and in 1924 received his Bachelor of Arts, A.B. degree with ''Phi Beta Kappa'' honors, and the next year his Master of Arts, M.A. In 1927, he graduated from Harvard Law School ''magna cum laude'' and Order of the Coif with a Bachelor of Laws, LL.B. In April 1928, he was admitted before the State Bar of California, California Bar. He continued his graduate studies at the University of California, Berkeley, where he was awarded a Doctor of Juridical Science in 1932. Legal and judicial career After law school, Tobriner entered private pract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lesser Included Offense
In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of traffic offenses. For example, the common law crime of larceny requires the taking and carrying away of tangible property from another person, with the intent of permanently depriving the owner of that property. Robbery, under the common law, requires all of the same elements and also the use of force or intimidation to accomplish the taking. Therefore, larceny is a lesser included offense in the offense of robbery, as every robbery includes a larcenous act as part of the crime. Assault is also a lesser included offense of robbery, just as false imprisonment is usually a lesser included offense of kidnapping. However, an offense will not be a lesser included offense if it carries a maximum penalty greater than that carried by the charged o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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