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Manslaughter (United States Law)
Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony (thereby triggering the felony-murder rule). Laws in the United States Voluntary manslaughter Voluntary manslaughter involves the intentional killing of a person in which the offender did not have prior intent to kill. The defendant ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culpable
In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word, culpability, "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". Culpability therefore marks the dividing line between moral evil, like murder, for which someone may be held legally responsible, and a randomly occurring event, like naturally occurring earthquakes or naturally arriving meteorites, for which no human can be held responsible. Etymology Culpability descends from the Latin concept of fault ('' culpa''). Concept The concept of culpability is intimately tied up with notions of agency, freedom, and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability. In law From a legal perspective, culpability describes the degree of one's ''blame ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substance Intoxication
Substance intoxication is a transient condition of altered consciousness and behavior associated with recent use of a substance. It is often maladaptive and impairing, but reversible. If the symptoms are severe, the term "substance intoxication delirium" may be used. Substance intoxication may often accompany a substance use disorder (SUD); if persistent substance-related problems exist, SUD is the preferred diagnosis. The term "intoxicated", used by laymen, most often refers to alcohol. Classification The ICD-10 ''Mental and Behavioural Disorders due to psychoactive substance use'' shows: *F10. alcohol *F11. opioids *F12. cannabinoids *F13. sedatives and hypnotics *F14. cocaine *F15. caffeine *F16. hallucinogens *F17. tobacco *F18. volatile solvent *F19. multiple drug use and use of other psychoactive substances Caffeine The discussion over whether the coffee (caffeine) “buzz” counted as intoxication or not was hotly debated during the early to mid 16th century. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Criminal Law
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the ''Constitution Act, 1867''. Most criminal laws have been codified in the ''Criminal Code'', as well as the ''Controlled Drugs and Substances Act'', ''Youth Criminal Justice Act'' and several other peripheral statutes. Prosecution In all Canadian provinces and territories, criminal prosecutions are brought in the name of the " King in Right of Canada". A person may be prosecuted criminally for any offences found in the ''Criminal Code'' or any other federal statute containing criminal offences. There are two basic types of offences. The most minor offences are summary conviction offences. They are defined as "summary" within the Act and, unless otherwise stated, are punishable by a fine of no more than $5,000 and/or 6 months in jail. Examples of offences which are always summary offences include trespassing ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter In English Law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the ''mens rea'' (Latin for "guilty mind") or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option (see alternative verdict). The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either ''voluntary'' or ''involuntary'', depending on whether the accused has the required ''mens rea'' for murder. Voluntary manslaughter ''Voluntary manslaughter'' occurs when the defendant kills with ''mens rea'' (an intention to kill or cause grievous bodily harm), but one of those partial defences which reduce murder to mans ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State V
State may refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government in three novels by Larry Niven Music Groups and labels * States Records, an American record label * The State (band), Australian band previously known as the Cutters Albums * ''State'' (album), a 2013 album by Todd Rundgren * ''States'' (album), a 2013 album by the Paper Kites * ''States'', a 1991 album by Klinik * ''The State'' (album), a 1999 album by Nickelback Television * ''The State'' (American TV series), 1993 * ''The State'' (British TV series), 2017 Other * The State (comedy troupe), an American comedy troupe Law and politics * State (polity), a centralized political organi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assisted Suicide
Assisted suicide is suicide undertaken with the aid of another person. The term usually refers to physician-assisted suicide (PAS), which is suicide that is assisted by a physician or other healthcare provider. Once it is determined that the person's situation qualifies under the physician-assisted suicide laws for that place, the physician's assistance is usually limited to writing a prescription for a lethal dose of drugs. In many jurisdictions, helping a person die by suicide is a crime. People who support legalizing physician-assisted suicide want the people who assist in a voluntary death to be exempt from criminal prosecution for manslaughter or similar crimes. Physician-assisted suicide is legal in some countries, under certain circumstances, including Austria, Belgium, Canada, Germany, Luxembourg, the Netherlands, New Zealand, Spain, Switzerland, parts of the United States and all six states of Australia. The constitutional courts of Colombia, Germany and Italy lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state)
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's population lives ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victim to an unintended victim, the ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Texas
Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by both area (after Alaska) and population (after California). Texas shares borders with the states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexican states of Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest; and has a coastline with the Gulf of Mexico to the southeast. Houston is the most populous city in Texas and the fourth-largest in the U.S., while San Antonio is the second most populous in the state and seventh-largest in the U.S. Dallas–Fort Worth and Greater Houston are, respectively, the fourth- and fifth-largest metropolitan statistical areas in the country. Other major cities include Austin, the second most populous s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Driver's License
A driver's license is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, cars, trucks, or buses—on a public road. Such licenses are often plastic and the size of a credit card. In most international agreements the wording "driving permit" is used, for instance in the Vienna Convention on Road Traffic. In this article's country specific sections, the local spelling variant is used. Most American jurisdictions issue a permit with "driver license" printed on it but some use "driver's license", which is conversational American English. Canadian English uses both "driver's licence" as well as "driver licence" ( Atlantic Canada). The Australian and New Zealand English equivalent is "driver licence". In British English and in many former British colonies it is "driving licence". The laws relating to the licensing of drivers vary between juris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blood Alcohol Content
Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes; it is expressed as mass of alcohol per volume or mass of blood. For example, a BAC of 0.10 by (0.10% or one tenth of one percent) means that there is 0.10 g of alcohol for every 100 mL of blood, which is the same as 21.7 mmol/L. A BAC of 0.10 by (0.10%) is 0.10 g of alcohol per 100 g of blood (23 mmol/L). A BAC of 0.0 is sober; in different countries the maximum permitted BAC when driving ranges from about 0.04% to 0.08%; BAC levels over 0.08% are considered very impaired; above 0.4% is potentially fatal. Effects by alcohol level Estimation by intake Blood alcohol content can be estimated by a method developed by Swedish professor in the 1920s: :EBAC = \frac\times100\%-\beta\times T where: * is the mass of alcohol consumed. * is the ratio of body water to total weight. It v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
