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Felony Murder Rule (Hawaii)
In the state of Hawaii, the common law felony murder rule has been completely abolished. Hawaii Revised Statutes §707-701 In Hawaii Revised Statutes §707-701, the Hawaii State Legislature noted the critical history of the felony murder rule and the severe limitation of it in the Model Penal Code. The legislature determined that the commission of a felony should not serve to automatically classify an offense as 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 wit ..., and that a separate factual inquiry should be undertaken for each case to determine the significance of a felony on the severity of the offense.HRS §707-701, Hawaii Legislature Official Website, http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0701.htm References External linksFull ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hawaii Law
Hawaii ( ; haw, Hawaii or ) is a U.S. state, state in the Western United States, 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 Midway Atoll, nearly the entire Hawaiian Islands, Hawaiian archipelago, 137 High island, volcanic islands spanning that are physiography, physiographically and Ethnography, ethnologically part of the Polynesian subregion of Oceania. The state's ocean coastline is consequently the list of U.S. states and territories by coastline, fourth-longest in the U.S., at about . The eight main islands, from northwest to southeast, are Niihau, Niihau, Kauai, Kauai, Oahu, Oahu, Molokai, Molokai, Lanai, Lānai, Kahoolawe, Kahoolawe, Maui, and Hawaii (island), Hawaii—the last of these, after which the state is named, is often called the "Big Island" or "Hawa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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