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Murder In Japanese Law
in Japanese law constitutes when someone intentionally kills another person without justification. The crime of murder is specified in Chapter XXVI of the Japanese criminal code. It is punishable by five years to life in prison, and with the death penalty if aggravating circumstances are proven. The only exception is for juvenile offenders since the minimum age for capital punishment in Japan is 18. Aggravated murder The death penalty is permissible when aggravating circumstances are decided to be proven by a nine-person panel of six jurors and three professional judges. The list of death penalty-permissible aggravating circumstances are if the murder was committed: * Along with one or more other murders * With torture of the victim * During the commission of a kidnapping * During the commission of a robbery * During the commission of a hostage-taking * During an act of insurrection * During an act of treason * During an act of espionage * During an act of arson * During th ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), 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 (law), ''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 (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ...
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Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative Defense (legal), defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a mental illness, psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation (legal), 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 (law professor), John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with the Justification (jurisprudence), justification of Self-defense, self defense or with the mitigation of imperfect self-defense. The insanity defense 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 case, civil finding in ...
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Drunk Driving
Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is involved in 32% of all traffic fatalities. Terminology United States In the United States, most states have generalized their criminal offense statutes to driving under the influence (DUI). These DUI statutes generally cover intoxication by any drug, including alcohol. Such laws may also apply to operating boats, aircraft, farm machinery, horse-drawn carriages, and bicycles. Specific terms used to describe alcohol-related driving offenses include "drinking and driving", "drunk driving", and "drunken driving". Most DUI offenses are alcohol-related so the terms are used interchangeably in common language, and "drug-related DUI" is used to distinguish. United Kingdom In the United Kingdom, there are two separate offences to do with alcohol a ...
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Abuse Of Power
Abuse of power or abuse of authority, in the form of "malfeasance in office" or "official abuse of power", is the commission of an Crime, unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often a Just cause (employment law), just cause for removal of an elected official by statute or recall election. Officials who abuse their power are often corruption, corrupt. In the United States, abuse of power has been cited in the Federal impeachment in the United States, impeachment of at least five federal officials. Two of these (Judge George W. English, George English and President Richard Nixon) resigned before their trial in the Senate could take place, and two others were acquitted by the Senate. The first impeachment trial of President Donald Trump concluded with the president being found not guilty on both articles of impeachment with one of them being the charge of abuse of power. At the state level, Governor ...
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Consensual Homicide
Consensual homicide refers to a case when one person kills another, with the consent of the person being killed. Assisted suicide The most common form of consensual homicide is assisted suicide, most commonly as euthanasia, in which terminally ill people seek assistance from their physicians (or family members) to alleviate their suffering by ending their lives. This practice is legal in some jurisdictions, but remains controversial because of the legal, ethical and practical issues it raises. Exceptional cases Suspected serial killer John Bodkin Adams claimed that his patient Edith Alice Morrell—for whose murder he was tried in 1957—had wanted to die. He was controversially found not guilty, but was later suspected of having murdered up to 163 of his patients. In 1996 a Maryland entrepreneur named Sharon Lopatka arranged for her own torture and strangulation over the Internet. In 2001, Armin Meiwes, a citizen of Rotenburg, Germany, murdered and cannibalized Bernd ...
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Abortion In Japan
Abortion is allowed in Japan under a term limit of 22 weeks for endangerment to the health of the pregnant woman, economic hardship, or rape. Chapter XXIX of the Penal Code of Japan makes abortion de jure illegal in the country, but exceptions to the law are broad enough that it is widely accepted and practiced. Exceptions to the prohibition of abortion are regulated by the Maternal Health Protection Law that allows approved doctors to practice abortion on a woman if the pregnancy was the result of rape or if the continuation of the pregnancy endangers the maternal health because of physical or economic reasons. Anyone trying to practice abortion without the consent of the woman will be prosecuted, including the doctors. If a woman is married, consent from her spouse is also needed to approve abortions for socioeconomic reasons, although the rule doesn't apply if she is in a broken marriage, suffering abuse, or other domestic issues. Despite the partner's consent not being neces ...
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False Imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. Under common law, false imprisonment is both a crime and a tort. Imprisonment Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority. Detention that is not false imprisonment Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a cla ...
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Abandonment (legal)
In law, abandonment is the relinquishment, giving up, or renunciation of an Interest (finance), interest, Cause of action, claim, Privilege (legal ethics), privilege, Possession (law), possession, civil proceedings, Appeal (law), appeal, or right (legal), right, especially with the intent of never again resuming or reasserting it. Such intentional action may take the form of a discontinuance or a waiver. This broad meaning has a number of applications in different branches of law. In common law jurisdictions, both ''common law abandonment'' and ''statutory abandonment'' of Property (ownership right), property may be recognized. Common law abandonment is "the relinquishment of a right [in property] by the owner therefore without any regard to future possession by himself or any other person, and with the intention to or desert the right...." or "the voluntary relinquishment of a thing by its owner with the intention of terminating his ownership, and without [the intention of] ves ...
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Japanese Yen
The is the official currency of Japan. It is the third-most traded currency in the foreign exchange market, after the United States dollar and the euro. It is also widely used as a third reserve currency after the US dollar and the euro. The New Currency Act of 1871 introduced Japan's modern currency system, with the yen defined as of gold, or of silver, and divided decimally into 100 ''sen'' or 1,000 ''rin''. The yen replaced the previous Tokugawa coinage as well as the various ''hansatsu'' paper currencies issued by feudal ''han'' (fiefs). The Bank of Japan was founded in 1882 and given a monopoly on controlling the money supply. Following World War II, the yen lost much of its pre-war value as Japan faced a debt crisis and hyperinflation. Under the Bretton Woods system, the yen was pegged to the US dollar alongside other major currencies. After this system was abandoned in 1971 with the Nixon shock, Nixon Shock, the short-lived Smithsonian Agreement temporarily reinstat ...
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Duty Of Care
In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must Cause of action, be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It ...
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Negligent Homicide
Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Other times, an intentional killing may be negotiated down to this lesser charge as a compromised resolution of a murder case, as might occur in the context of the intentional shooting of an unarmed man after a traffic altercation. Negligent homicide can be distinguished from involuntary manslaughter by its mens rea requirement: negligent homicide requires criminal negligence, while manslaughter requires recklessness. In the United Kingdom, common law gross negligent manslaughter covers the same conduct as negligent homicide. United States In the United States, all states define negligent homicide by statute, often defining the offense as involuntary manslaughter. Negligent homicide may be a lesser included offense to first and second degree murder, as the elements of negligent homicide include elements of those more serious charges. In some stat ...
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Property Damage
Property damage (sometimes called damage to property) is the damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or an act of nature. Destruction of property (sometimes called property destruction, or criminal damage in England and Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...) is a sub-type of property damage that involves damage to property that results from willful misconduct and is punishable as a crime. Destruction of property encompasses vandalism (deliberate damage, destruction, or defacement), building implosion (destroying property with explosives), and arson (destroying property with fire), and similar crimes that involve unlawful infliction of damage to or destruction of personal property or real pr ...
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