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Violent Death
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 issued ...
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Cain Kills Abel
Cain ''Káïn''; ar, قابيل/قايين, Qābīl/Qāyīn is a Biblical figure in the Book of Genesis within Abrahamic religions. He is the elder brother of Abel, and the firstborn son of Adam and Eve, the first couple within the Bible. He was a farmer who gave an offering of his crops to God. However, God was not pleased and favored Abel's offering over Cain's. Out of jealousy, Cain killed his brother, for which he was punished by God with the curse and mark of Cain. He had several children, starting with Enoch and including Lamech. The narrative is notably unclear on Cain's motive for murdering his brother, God's reason for rejecting Cain's sacrifice, and details on the identity of Cain's wife. Some traditional interpretations consider Cain to be the originator of evil, violence, or greed. According to Genesis, Cain was the first human born and the first murderer. Genesis narrative Interpretations Jewish and Christian interpretations A question arising early in the ...
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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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Justifiable Homicide
The concept of justifiable homicide in criminal law is a defense to culpable homicide (criminal or negligent homicide). Generally, there is a burden of production of exculpatory evidence in the legal defense of justification. In most countries, a homicide is justified when there is sufficient evidence to disprove (under the "beyond a reasonable doubt" standard for criminal charges, and "preponderance of evidence" standard for claims of wrongdoing, i.e. civil liability) the alleged criminal act or wrongdoing. The key to this legal defense is that it was reasonable for the subject to believe that there was an imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent by the deceased when they committed the homicide. A homicide in this instance is blameless. Common excusing conditions Potentially excusing conditions common to multiple jurisdictions include the following. #Capital punishment in places that it is legal. #Where a state is engaged in ...
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Age Of Majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word ''majority'' here refers to having greater years and being of full age as opposed to ''minority'', the state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority". The term typically refers to a collection of laws bestowing the status of adulthood. Those under the age of majority are referred to as minors and may be legally denied certain privileges or rights (e.g. the right to vote, buy alcohol, marry, sign a binding contract). Age of majority should not be confused with the age of maturity, age of sexual consent, ...
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Juvenile Court
A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults that have committed the same offense. Industrialized countries differ in whether juveniles should be tried as adults for serious crimes or considered separately. Since the 1970s, minors have been tried increasingly as adults in response to "increases in violent juvenile crime". Young offenders may still not be prosecuted as adults. Serious offenses, such as murder or rape, can be prosecuted through adult court in England. However, as of 2007, no United States data reported any exact numbers of juvenile offenders prosecuted as adults. In contrast, countries such as Australia and Japan are in the early stages of developing and implementing youth-focused justice in ...
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Defense Of Infancy
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed. Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax'. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged 7–13 were presumed incapable ...
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Atkins V
Atkins may refer to: Places in the United States * Atkins, Arkansas, a city * Atkins, Iowa, a city * Atkins, Louisiana, an unincorporated community * Atkins, Nebraska, an unincorporated community * Atkins, Virginia, a census-designated place * Atkins, Wisconsin, an unincorporated community * Atkins Peak, in Yellowstone National Park Other uses * Atkins (surname) * Atkins Nutritional Approach, known as the Atkins diet * Atkins Nutritionals, a producer of low-carbohydrate packaged foods * Atkins, the largest engineering consultancy firm in the United Kingdom * Atkins baronets, in the Baronetage of England * Atkins High School, Winston-Salem, North Carolina, on the National Register of Historic Places * '' Atkins v. Virginia'', a case in which the United States Supreme Court ruled that executing individuals with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments * J. J. Atkins, a thoroughbred horse race for two-year-olds held in Brisbane ...
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Involuntary Commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration (e.g. 72 hours) in a treatment facility for evaluation and stabilization by mental health ...
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Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be ...
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Right Of Self-defense
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including – in certain circumstances – the use of deadly force. If a defendant uses defensive force because of a threat of deadly or grievous harm by the other person, or a reasonable perception of such harm, the defendant is said to have a "perfect self-defense" justification.Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder If defendant uses defensive force because of such a perception, and the perception is not reasonable, the defendant may have an "imperfect self-defense" as an excuse. General concepts – legal theory The early theories make no distinction between defense of the person and defense of property. Whether consciously or ...
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Right Of Self-defense
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including – in certain circumstances – the use of deadly force. If a defendant uses defensive force because of a threat of deadly or grievous harm by the other person, or a reasonable perception of such harm, the defendant is said to have a "perfect self-defense" justification.Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder If defendant uses defensive force because of such a perception, and the perception is not reasonable, the defendant may have an "imperfect self-defense" as an excuse. General concepts – legal theory The early theories make no distinction between defense of the person and defense of property. Whether consciously or ...
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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 ...
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