|
Second-degree Manslaughter
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] |
Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary For voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...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. Slang terms for the state include: getting ''high'' (generic), and being ''stoned'', ''cooked'', or ''fried'' (usually in reference to cannabis). Substance intoxication may often accompany a substance use disorder (SUD); if persistent substance-related problems exist, SUD is the preferred diagnosis. The term "intoxication" in common use most often refers to alcohol intoxication, or drug addiction usually opioids consisting of an overdose; resulting in death. 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. t ... [...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 A person may be prosecuted criminally for any offences found in the ''Criminal Code'' or any other federal statute containing criminal offences. In all Canadian provinces and territories, criminal prosecutions are brought in the name of the " King in Right of Canada", because the King of Canada is the country's head of state. 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 six months in jail. Examples ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Negligence
In criminal law, criminal negligence is an offence that involves a breach of an objective standard of behaviour expected of a defendant. It may be contrasted with strictly liable offences, which do not consider states of mind in determining criminal liability, or offenses that requires mens rea, a mental state of guilt. 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 "misfeasance" or ... [...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 m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary For voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State V
State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a state where the majority identify with a single nation (with shared culture or ethnic group) ** Constituent state, a political subdivision of a state ** Federated state, constituent states part of a federation *** U.S. state * State of nature, a concept within philosophy that describes the way humans acted before forming societies or civilizations State may also 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 gover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assisted Suicide
Assisted suicide, sometimes restricted to the context of physician-assisted suicide (PAS), is the process by which a person, with the help of others, takes actions to end their life. Once it is determined that the person's situation qualifies under the laws for that location, the physician's assistance is usually limited to writing a Drug prescription, prescription for a lethal dose of drugs. This practice falls under the concept of the medical right to die, i.e. the right of a person to choose when and how they will die, either through medical aid in dying or refusing life-saving medical treatment. Assisted suicide is legal in some countries under certain circumstances, including Austria, Belgium, Assisted suicide in Canada, Canada, Germany, Luxembourg, the Netherlands, Portugal, Spain, Switzerland, Assisted suicide in the United States, parts of the United States and all six states in Euthanasia in Australia, Australia. The constitutional courts of Colombia, Ecuador, Estoni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state)
New York, also called New York State, is a U.S. state, state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and the Great Lakes. New York is the List of U.S. states and territories by population, fourth-most populous state in the United States, with nearly 20 million residents, and the List of U.S. states and territories by area, 27th-largest state by area, with a total area of . New York has Geography of New York (state), a varied geography. The southeastern part of the state, known as Downstate New York, Downstate, encompasses New York City, the List of U.S. cities by population, most populous city in the United States; Long Island, with approximately 40% of the state's population, the nation's most populous island; and the cities, suburbs, and wealthy enclaves of the lower Hudson Valley. These areas are the center of the expansive New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction 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 victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Texas
Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and has Mexico-United States border, an international border with the Mexican states of Chihuahua (state), Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest. Texas has Texas Gulf Coast, a coastline on the Gulf of Mexico to the southeast. Covering and with over 31 million residents as of 2024, it is the second-largest state List of U.S. states and territories by area, by area and List of U.S. states and territories by population, population. Texas is nicknamed the ''Lone Star State'' for its former status as the independent Republic of Texas. Spain was the first European country to Spanish Texas, claim and control Texas. Following French colonization of Texas, a short-lived colony controlled by France, Mexico ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Driver's License
A driver's license, driving licence, or driving permit 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 American English, the terms "driver license" or "driver's license" are used. In Australian English, Canadian English and New Zealand English, the terms "driver licence" or "driver's licence" are used while in British English the term is "driving licence". In some countries the term "driving license" is used. The laws relating to the licensing of drivers vary between jurisdictions. In some jurisdictions, a permit is issued after the recipient has passed a driving test, while in others a person acquires thei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
