Depraved-heart Murder
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Depraved-heart Murder
In United States law, depraved-heart murder, also known as depraved-indifference murder, is a type of murder where an individual acts with a " depraved indifference" to human life and where such acts result in a death, despite that individual not explicitly intending to kill. In a depraved-heart murder, defendants commit an act even though they know their act runs an unusually high risk of causing death or serious bodily harm to a person. If the risk of death or bodily harm is great enough, ignoring it demonstrates a "depraved indifference" to human life and the resulting death is considered to have been committed with malice aforethought.'' Commonwealth v. Malone''354 Pa. 180, 47 A.2d 445(1946). In some states, depraved-heart killings constitute second-degree murder,Bonnie, R.J. et al. ''Criminal Law, Second Edition.'' Foundation Press, New York, NYL 2004, p. 797 while in others, the act would be charged with "wanton murder", varying degrees of manslaughter, or third-degree mu ...
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Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ...
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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 ...
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Baltimore
Baltimore is the most populous city in the U.S. state of Maryland. With a population of 585,708 at the 2020 census and estimated at 568,271 in 2024, it is the 30th-most populous U.S. city. The Baltimore metropolitan area is the 20th-largest metropolitan area in the country at 2.84 million residents. The city is also part of the Washington–Baltimore combined statistical area, which had a population of 9.97 million in 2020. Baltimore was designated as an independent city by the Constitution of Maryland in 1851. Though not located under the jurisdiction of any county in the state, it forms part of the central Maryland region together with the surrounding county that shares its name. The land that is present-day Baltimore was used as hunting ground by Paleo-Indians. In the early 1600s, the Susquehannock began to hunt there. People from the Province of Maryland established the Port of Baltimore in 1706 to support the tobacco trade with Europe and established the Town ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ...
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Second Degree Murder
Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("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). such as in the case of voluntary manslaughter 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 conside ...
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Supreme Court Of Pennsylvania
The Supreme Court of Pennsylvania is the highest court in the Commonwealth (U.S. state), Commonwealth of Pennsylvania's Judiciary of Pennsylvania, Unified Judicial System. It began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the List of colonial governors of Pennsylvania, colonial governor. It claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Judicial Court. The Supreme Court of Pennsylvania maintains a Discretionary review, discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory Capital punishment in Pennsylvania, death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court of Pennsylvania, Commonwealth Court. This discretion allows the Court to wield powerful influence on ...
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Mitigating Factor
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense, the presentation of mitigating factors will not result in the acquittal of a defendant. The opposite of a mitigating factor is an aggravating factor. Examples The Sentencing Council of England and Wales lists the following as possible mitigating factors: *Admitting the offense, such as through a guilty plea *Mental illness * Provocation *Young age *Showing remorse Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense. By legal system England and Wales Accordi ...
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