The defendant killed with malice and aforethought (either deliberately and intentionally or recklessly with extreme disregard for human life).…
Murder is when a person kills another person with malice aforethought. Malice aforethought is one of the six principals of criminal liability that the prosecution must prove for someone to be convicted of murder.…
The individual committing the crime was aware of the risk of injury and willfully disregarded it (Involuntary Manslaughter, 2010).…
Unlawful killing of a human by another human with malice a premeditated thought of another human being, it is this state of mind that distinguishes murder from other forms of unlawful homicide. For example manslaughter either voluntary or involuntary. Murder is a very serious crime that holds the harshest punishment.…
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.…
To commit an intentional tort, one person must intend to harm a certain other person.…
Intentional tort occurs when a person intentionally acts to injure someone or their property. Most times it will not matter if the person committing the act intended for the injury to occur, only that they committed the act intentionally that may have lead to the injury or damages. Example of intentional tort are kidnapping, assault, or spousal abuse.…
1) Introduction a) Definition – A tort is a civil wrong, other than breach of contract, for which the law provides a remedy. A person who breaches a tort duty (i.e., a duty to act in a manner that will not injure another person) has committed a tort and may be liable in a lawsuit brought by a person injured because of that tort. Torts is a fault-based system. b) Purposes of tort law: (1) to provide a peaceful means for adjusting the rights of parties who might otherwise “take the law into their own hands”; (2) to deter wrongful action; (3) to encourage socially responsible behavior; and, (4) to restore injured parties to their original condition, insofar as the law can do this, by compensating them for their injury. 2) Intentional Torts a) Assault, battery, false imprisonment, trespass to chattels, and trespass to land. b) Intent i) Meaning of intent: There is no general meaning of “intent” when discussing intentional torts. For each individual tort, you have to memorize a different definition of “intent.” All that the intentional torts have in common is that D must have intended to bring about some sort of physical or mental effect upon another person. (1) No intent to harm: The intentional torts are generally not defined in such a way as to require D to have intended to harm the plaintiff. (Example: D points a water gun at P, making it seem like a robbery, when in fact it is a practical joke. If D has intended to put P in fear of imminent harmful bodily contact, the intent for assault…
The doctrine of transferred intent is acting with the purpose or intent to do harm to a specific individual yet, the intended target is not harmed but another bystander is harmed instead (General Elements of Crimes, 2010). An example of transferred intent would be the case that was in the news of an eleven (11) year old boy that was subsequently shot in the head as a result of transferred intent. Keon Malone was the eleven (11) year old that was an innocent bystander when he was shot while in his mother’s home through the door. Brandon Scott fired his weapon at the apartment next door to where Malone was, but the bullet did not hit his intended victim. As a result of Brandon Scotts’ recklessness, Keon Malone now has permanent mental and physical…
“First-degree murder? Me? I wasn’t thinking straight.” Says the murderer of his wife and brother-in-law. How could he claim it was unintentional?…
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…
In terms of willfulness, first degree murderers must have the specific intent to end a human life. Perpetrators must have acted with malice or “malice aforethought” which includes a disposition or purpose and indifference to human life. Scott Peterson was charged with first-degree murder of his wife, Laci Peterson, and second-degree murder of his unborn son. His alibi was that he was away on a fishing trip when his wife disappeared, when just a few days later, her body and the remains of the fetus washed up upon the shores of the exact place that he claimed that he was fishing at. There was evidence that he had purchased two eighty pound bags of cement to use as anchors to sink the body.…
Intentional Interference With Person or Property A. Intent 2 types 1. Specific Intent consciously desiring the physical result 2. General Intent knowledge that the result is substantially certainty to follow -The Restatement places torts somewhat on a continuum with Negligence The most culpable form of intent would be a specific intent, or morally apprehensible form of misconduct you swing a baseball bat to hit someone in the face General intent would be next on the continuum knowing with substantial certainty Recklessness- Callous disregard ( I dont give a crap. Gross Negligence- aware of the harm but you are indifferent to it Negligence- foreseeable risk of harm but you fail to exercise reasonable care under the circumstances Most culpable (responsible/punishable)…
Let's imagine a scenario in which two men go deer hunting. One man mistakes his friend for a deer, shoots him, and accidentally kills him. As long as we all agreed on the facts of the case, it's hard to imagine that any reasonable person would describe this as murder--even though we would all know for certain that a real, sentient human person was killed. Why? Because the shooter thought he was killing a deer--something other than a real, sentient human person.…
What do you like to do for fun in your spare time? Well in the next couple paragraphs I will be writing about what I do for fun in my spare time, why, and giving examples.…