163.118 Manslaughter in the first degree. (1) Criminal homicide constitutes manslaughter in the first degree when:…
First degree murder is defined by federal and state laws as a killing which is deliberate and premeditated. Many states define it as a killing committed in connection with felonies such as rape, burglary, arson or involving multiple deaths, the killing of certain types of people ( such as a child or police officer), or certain weapons particularly a gun[1]. First and second degree murder are distinguishable by the fact that second degree murder usually does not require premeditation. Under federal law each of the following elements must be met:…
In the readings that I have done I have found that there are three different types of legal defenses, they are: self-defense, insanity, and provocation. In a case where a person is charged with first degree premeditated murder, if they were to use one of the three defenses the punishment would not be the maximum that is normally imposed depending on the crime and type of defense that is used.…
Manslaughter is a crime that is unjustified, inexcusable, and the intentional killing of a human being, whether it be involuntary or voluntary. This is the criminal charge that Adrian Crump from Jacksonville, Florida had to face. He shot a 15-year-old boy, around 2 in the morning, who was driving around shooting rocks from a slingshot. Adrian heard a noise in his home and thought it was a gunshot. He got up and checked it out, then went back inside and grabbed his gun as well as getting dressed. He then got in his car and pulled up behind the offender’s car, and shot the boy because he put his hands down, and he said he thought the kid was reaching for a gun. During the trial the prosecutor and defense team brought up the two sides of the story. We were asked how we felt about the trial and how we would find him. I took into consideration Adrian’s motivation or intention, self-defense, the witness’ statements, and crimes going on around the city.…
Justification: If evidence exists to justify the defendant’s acts, the killing will not be considered murder or any crime at all. An intentional killing can be justified if the defendant acts in self-defense.…
First-degree premeditated murder. Four shots to the head, three behind the victims ear and one above her eyebrow, two more pierced through her chest and several scattered across her body. Yet, he still claims, “it was unintentional”. The Defendant claimed that he missed the first two shots of firing at her. She reacted by jumping on the bed and shoving him, resulting in him shoving her onto the floor and shooting her in the head and all over her body as she lay on the floor.…
These include second-degree murder, also known as “Watson” murder, gross vehicular manslaughter while intoxicated, and vehicular manslaughter while intoxicated. Of these three felony charges, a Watson murder is the most serious offense and has the harshest penalties…
Under defensive homicide in the crimes act (2005), A person who, by his or her conduct, kills another person in circumstances that, but for section 9AC, would constitute murder, is guilty of an indictable offence (defensive homicide) and liable to level 3 imprisonment (20 years maximum) if he or she did not have reasonable grounds for the belief referred to in that section.…
Manslaughter is considered a second-degree felony in the state of Texas. If convicted of this offense, people may be sentenced to imprisonment in the institutional division for between two and 20 years. They may also be fined no more than $10,000.…
In “Hip Hop’s Betrayal of Black Women”, McLune addresses the influence of hip hop’s choice of words towards African American women and females. McLune’s article is written in response to Powell’s opinions in “Notes of a Hip Hop Head”, along with various other hip hop artists, that black females are the leading cause of poverty and racism why black men undertake racism and poverty, as if women do not face these struggles from day to day. McLune disagrees with this remark and states that this is just one of many excuses that men use. McLune addresses an audience that is well educated along with informed with the different sexism opinions towards women in our society, though many men feel that some of their statements or opinions are not affecting women. Therefore, McLune’s article deserves to be recognized in PopMatters. With all the arguments and comebacks she had, “Hip Hop’s Betrayal of Black Women” should be considered for the top prizes for persuasive essays due to the problems that our African American society faces on a daily basis.…
Murder or Homicide is an act that happens across the United States. There is not one state safe from it. According to the Uniform Crime Report program in 2011 California was the state with the highest amount of murders with a…
There are many different legal categories of homicide. Two of these categories are; first degree murder and second degree murder. If the person acted with ‘malice aforethought’ or, planned to kill another individual and proceeded to carry out the act, then it is considered first degree murder. Shooting or stabbing someone in the heart, would be considered first degree murder, as the offender deliberately acted with malice aforethought, and therefore intended to kill the victim. Second degree murder is a homicide in which, the person did not intend to kill the victim, but still wanted to hurt…
One can also be charged with first degree murder when he has murdered more than one person at a given time or used poison. First degree murder is a capitol offense. Also felony murder and second degree murder are included. Felony murder is murder that occurred during a forcible felony. An example would be robbing someone at gunpoint and killing them. The second offense is aggravated criminal sexual assault. Aggravated criminal sexual assault does not include just rape. Violent rapes, statutory rapes, ,improper touch and torture are examples of aggravated criminal sexual assault. The third offense is aggravated battery with a firearm. Battery is when one person injures or makes contact with someone is a way that it could cause injury. Take the example of the robbery mentioned before. If the person had just hit the person with the gun or shot them in the leg, then instead of murder the charge would have been aggravated battery with a firearm. The next offense is armed robbery committed with a firearm. Now if the offender who had been robbing people with his gun just taken their money and left without injuring anyone or…
Definition: Manslaughter - Legal term for the killing of a human being without malice afterthought. Murder - The unlawful killing of one human by another especially with premeditated malice.…
Staying true to the eight amendment right the punishment must suit the crime. In the United States each state issues the death penalty for different reasons, for example in the state of Arizona a crime where there was first-degree murder, including pre-meditated murder and felony murder, accompanied by at least 1 of 14 aggravating factors would get the death penalty. Georgia, a crime where there was murder with aggravating circumstances; kidnapping with bodily injury or ransom when the victim dies; aircraft hijacking; treason. In the state of New Hampshire, a murder committed in the course of rape, kidnapping, drug crimes, or burglary; killing of a police officer, judge or prosecutor; murder for hire; murder by an inmate while serving a sentence of life without parole would get the death penalty.…