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Vehicular Homicide
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle. In cases of criminal negligence, the defendant is commonly charged with unintentional vehicular manslaughter. Vehicular homicide is similar to the offense, in some countries, of "dangerous driving causing death". The victim may be either a person not in the car with the offending motorist (such as a pedestrian, cyclist, or another motorist), or a passenger in the vehicle with the offender. Jurisdictions Canada The Criminal Code does not have a specific offence for vehicular homicide, but has a series of provisions covering driving offences causing death, among them: * dangerous driving causing death * criminal negligence causing death * failure to stop for police causing death * street racing causing death * impaired driving causing death * hit and run driving causing death The maximum penalty for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Negligence
In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an objective standard of behaviour expected of the defendant and does not refer to their mental state. Concept To constitute a crime, there must be an ''actus reus'' (Latin for "guilty act") accompanied by the ''mens rea'' (see concurrence). Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deadly Weapon
A deadly weapon, sometimes dangerous weapon (although some jurisdictions differentiate between the two) or lethal weapon, is an item that can inflict mortal or great bodily harm. By statutory definition, certain items, especially firearms, are designated "deadly weapons ''per se''", meaning they are regarded as deadly weapons no matter how they are used, from the Latin for "by itself". In addition, deadly weapons statutes often contain provisions covering other implements intended to be used to inflict harm. The use or possession of a deadly weapon during the commission of a crime often constitutes a penalty enhancer. The deadly weapon penalty enhancer is premised on a belief that commission of the particular crime is inherently more dangerous. In some jurisdictions, a distinction is made between deadly weapons and destructive devices, such as explosives, incendiary or poison gas bombs, grenades, landmines, rockets, missiles, or similar devices, including the unassembled co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. A large part of its eastern boundary is demarcated by the Mississippi River. Louisiana is the only U.S. state with political subdivisions termed parishes, which are equivalent to counties, making it one of only two U.S. states not subdivided into counties (the other being Alaska and its boroughs). The state's capital is Baton Rouge, and its largest city is New Orleans, with a population of roughly 383,000 people. Some Louisiana urban environments have a multicultural, multilingual heritage, being so strongly influenced by a mixture of 18th century Louisiana French, Dominican Creole, Spanish, French Canadian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa for pre-trial detentio ... [...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 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Premeditation
Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, it has a technical meaning that has changed substantially over time. Etymology Malice aforethought is a direct translation of the Law French term ''malice prépensée'', so the adjective follows the noun as in French. Legal history Malice aforethought was not an element of murder in early medieval English law cases. Both self-defence killings and death by misadventure were treated as murder by juries. Although pardons for self-defence became common after the Statute of Gloucester was passed in 1278, the jury in a 14th-century case still found that a self-defence killing was felonious. In the 12th century, any death by misadventure without a "presentment of Englishry" was sufficient for a jury finding of murder, even in cases where the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malice Aforethought
Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, it has a technical meaning that has changed substantially over time. Etymology Malice aforethought is a direct translation of the Law French term ''malice prépensée'', so the adjective follows the noun as in French. Legal history Malice aforethought was not an element of murder in early medieval English law cases. Both self-defence killings and death by misadventure were treated as murder by juries. Although pardons for self-defence became common after the Statute of Gloucester was passed in 1278, the jury in a 14th-century case still found that a self-defence killing was felonious. In the 12th century, any death by misadventure without a "presentment of Englishry" was sufficient for a jury finding of murder, even in cases where th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georgia (U
Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the country in the Caucasus ** Kingdom of Georgia, a medieval kingdom ** Georgia within the Russian Empire ** Democratic Republic of Georgia, established following the Russian Revolution ** Georgian Soviet Socialist Republic, a constituent of the Soviet Union * Related to the US state ** Province of Georgia, one of the thirteen American colonies established by Great Britain in what became the United States ** Georgia in the American Civil War, the State of Georgia within the Confederate States of America. Other places * 359 Georgia, an asteroid * New Georgia, Solomon Islands * South Georgia and the South Sandwich Islands Canada * Georgia Street, in Vancouver, British Columbia, Canada * Strait of Georgia, British Columbia, Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligent Homicide
Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of duct tape that was left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. An employee had left the tape on and was charged with negligent homicide. Other times, an intentional killing may be negotiated down to the 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. 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, meaning that all of the elements of negligent homicide are elements of those more seri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
