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Felony Murder Rule (Kansas)
In the state of Kansas, the common law felony murder rule has been codified in K.S.A. 21-3401. The statute defines first degree murder as, among other things, homicide in the commission of, attempt to commit, or escape from an inherently dangerous felony. Inherently dangerous felonies are defined in K.S.A. 21-3436 and include armed robbery, arson, and aggravated burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder .... A felony murder conviction in Kansas carries a mandatory life sentence without the possibility of parole for 25 years. Judicial interpretations In the case ''State v. Hoang'', 243 Kan. 40 (1988), the Supreme Court of Kansas held that the accidental death of a co-felon during the commission of arson could support a felony murder conviction. In the case ''State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kansas
Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named after the Kansas River, which in turn was named after the Kansa Native Americans who lived along its banks. The tribe's name (natively ') is often said to mean "people of the (south) wind" although this was probably not the term's original meaning. For thousands of years, what is now Kansas was home to numerous and diverse Native American tribes. Tribes in the eastern part of the state generally lived in villages along the river valleys. Tribes in the western part of the state were semi-nomadic and hunted large herds of bison. The first Euro-American settlement in Kansas occurred in 1827 at Fort Leavenworth. The pace of settlement accelerated in the 1850s, in the midst of political wars over the slavery debate. Wh ... [...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] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Degree Murder
Murder is the unlawful killing of another human without justification or valid 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, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''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, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a pers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide
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 ... [...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] |
Armed 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 o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to ''burgle'', a term back-formed from the word ''burglar'', or to ''burglarize''. Etymology Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of ''Institutes of the Lawes of England'' (pub. 1644), that the word ''Burglar'' ("''or the person that committeth burglary''"), is derived from the words ''burgh'' and ''laron'', meaning ''house-thieves''. A note indicates he relies on the ''Brooke's case'' for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward Coke:) "The word ''burglar'' comes from the two Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Kansas
The Kansas Supreme Court is the highest judicial authority in the state of Kansas. Composed of seven justices, led by Chief Justice Marla Luckert, the court supervises the legal profession, administers the judicial branch, and serves as the State court (United States), state court of last resort in the appeals process. Functions Judicial The Kansas Supreme Court's most important duty is being the state court of last resort and the highest judicial authority in the state of Kansas. The Court rarely conducts a trial. Its judicial responsibilities include hearing direct appeals from the district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. The Court has the authority to review cases decided by the Court of Appeals and the ability to transfer cases to the U.S. Supreme Court. Administration The Kansas Supreme Court must adopt and submit to the Kansas Legislature an annual budget for the entire judicial branch of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder In Kansas
Murder is the unlawful killing of another human without justification or valid 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, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''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, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a pers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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