Canadian law distinguishes between justifiable, accidental and culpable homicide. If a death is deemed a culpable homicide, it generally falls under one of four categories (first-degree murder, second-degree murder, manslaughter, and infanticide). Canadian law defines manslaughter as "a homicide committed without the intention to cause death, although there may have been an intention to cause harm". There are two broad categories of manslaughter: unlawful act, and criminal negligence. Unlawful act is when a person commits a crime that unintentionally results in the death of another person.
involuntary manslaughterintoxication manslaughterinvoluntary homicide
Supporters of the death penalty argued that death penalty is morally justified when applied in murder especially with aggravating elements such as for murder of police officers, child murder, torture murder, multiple homicide and mass killing such as terrorism, massacre and genocide. This argument is strongly defended by New York Law School's Professor Robert Blecker, who says that the punishment must be painful in proportion to the crime. Eighteenth-century philosopher Immanuel Kant defended a more extreme position, according to which every murderer deserves to die on the grounds that loss of life is incomparable to any jail term.
-cidekillingList of types of murder
Homicide – the act of killing of a person (homo "man"). Justifiable homicide - a defense to culpable homicide (criminal or negligent homicide). Human sacrifice – the killing of a human for sacrificial, often religious, reasons. Massacre or mass murder – the killing of many people. Murder – the malicious and unlawful killing of a human by another human. Manslaughter – murder, but under legally mitigating circumstances. Omnicide – the act of killing all humans, to create intentional extinction of the human species (omni "all, everyone"). Xenocide – the genocide of an entire alien species. Often used in science fiction, one famous example being the novel "Xenocide" by Orson Scott Card.
life sentencelife in prisonlife
Sentences of life in prison without parole can still be given to juveniles for aggravated first-degree murder, as long as the judge considers the circumstances of the case. [[File:LifeSentenceMapNew.svg|center|700px|thumb|Life imprisonment laws around the world: ]] In a number of countries, life imprisonment has been effectively abolished. Many of the countries whose governments have abolished both life imprisonment and indefinite imprisonment have been culturally influenced or colonized by Spain or Portugal and have written such prohibitions into their current constitutional laws (including Portugal itself but not Spain).
Part I violent crimes include murder and criminal homicide (voluntary manslaughter), forcible rape, aggravated assault, and robbery; while Part I property crimes include burglary, arson, larceny/theft, and motor-vehicle theft. All other crimes count come under Part II. For convenience, such lists usually include infractions although, in the U.S., they may come into the sphere not of the criminal law, but rather of the civil law. Compare tortfeasance. Booking arrests require detention for a time-frame ranging 1 to 24 hours.
felony murderfelony-murder rulefelonious shooting
There is no equivalent to the felony murder rule in Scots law, which has also never had a specific concept of felonies in the previous style of English law. However, the Scots equivalent of joint enterprise, known as "art and part", also has a similar effect., 46 states in the United States have a felony murder rule, under which felony murder is generally first-degree murder. In 24 of those states, it is a capital offense. When the government seeks to impose the death penalty on someone convicted of felony murder, the Eighth Amendment has been interpreted so as to impose additional limitations on the state power.
West's Encyclopedia of American Law states that "a 'mercy killing' or euthanasia is generally considered to be a criminal homicide" and is normally used as a synonym of homicide committed at a request made by the patient. The judicial sense of the term "homicide" includes any intervention undertaken with the express intention of ending a life, even to relieve intractable suffering. Not all homicide is unlawful. Two designations of homicide that carry no criminal punishment are justifiable and excusable homicide. In most countries this is not the status of euthanasia.
crimes of passioncrime passionnelCrime passionel
In some jurisdictions, a successful 'crime of passion' defense may result in a conviction for manslaughter or second degree murder instead of first degree murder, because a defendant cannot ordinarily be convicted of first degree murder unless the crime was premeditated. A classic example of a crime of passion involves a spouse who, upon finding his or her partner in bed with another, kills the romantic interloper. In the United States, claims of "crimes of passion" have been traditionally associated with the defenses of temporary insanity or provocation. This defense was first used by U.S. Congresswoman Sara of Missouri in 1859 after he had killed his wife's lover, Barton Key II.
depraved heart murderdepraved indifference murderdepraved-heart
The common law treats such a state of mind as just as blameworthy, just as anti-social and, therefore, just as truly murderous as the specific intents to kill and to harm. The common law punishes unintentional homicide as murder if the defendant commits an act of gross recklessness. A classic example of depraved-heart murder under the common law is in the case Commonwealth v. Malone, a Pennsylvania case in which the court affirmed the second-degree murder conviction of a teenager for a death arising from a game of modified Russian roulette in which each player pointed and fired the gun at the other, eventually resulting in the death of one of them.
murder in the third degreethird degree murderthird-degree
There are also parallel crimes of first-degree, second-degree, and third-degree murder of an unborn child. There does not exist the crime of third-degree murder of a law-enforcement officer, only first-degree and second-degree. Third-degree murder and third-degree murder of an unborn child are punishable by a maximum of 40 years' imprisonment. Third-degree murder was introduced to Pennsylvania law in a 1974 amendment, at the same time as second-degree murder was redefined as felony murder; prior to that, second-degree murder had been defined as any murder not a first-degree murder. The common-law definition of murder as homicide "with malice aforethought" remains in force in Pennsylvania.
year and a dayone year and one daya year and a day
In English common law, it was held that a death was conclusively presumed not to be murder (or any other homicide) if it occurred more than a year and one day since the act (or omission) that was alleged to have been its cause. The rule also applied to the offence of assisting with a suicide. Certain problems with this rule arise from the advance of medicine. Life support technology can extend the interval between the murderous act and the subsequent death. Application of the year and a day rule prevented murder prosecutions, not because of the merits of the case, but because of the successful intervention of doctors in prolonging life.
statute of limitationstatutes of limitationsprescription
Although there is usually no statute of limitations for murder (particularly first-degree murder), judges have been known to dismiss murder charges in cold cases if they feel the delay violates the defendant's right to a speedy trial. For example, waiting many years for an alibi witness to die before commencing a murder trial would be unconstitutional. In 2003, the U.S. Supreme Court in Stogner v. California ruled that the retroactive extension of the statute of limitations for sexual offenses committed against minors was an unconstitutional ex post facto law. Under the U.S. Uniform Code of Military Justice (UCMJ), desertion has no statute of limitations. Maritime Injury Law Under 46 U.S.
All his laws were repealed by Solon in the early 6th century BC, with the exception of the homicide law. After much debate, the Athenians decided to revise the laws, including the homicide law, in 409 BC. The homicide law is a highly fragmented inscription but states that it is up to the victim's relatives to prosecute a killer. According to the preserved part of the inscription, unintentional homicides received a sentence of exile. It is not clear whether Draco's law specified the punishment for intentional homicide.
Sentence Capital punishment in the United Kingdom See sections 1 to 3 of the Offences against the Person Act 1861 and Parts II and III of the Homicide Act 1957. Aggravated murder The following former offences were offences of aggravated murder: *List of murder laws by country The defendant intended serious harm to one or more persons, but an unintended other person dies as a result.
Intentional homicide may be further qualified (qualificado) by any of the following circumstances: In these cases, penalty varies from twelve to thirty years. Penalties for intentional murder are increased by one third if the victim is under fourteen or over sixty years old. Penalties for intentional murder may be reduced by the judge by one sixth to one third, if it was committed for reason of relevant social or moral motivation, or under violent emotion, caused by unjust provocation of the victim.
In Finland, murder is defined as homicide with at least one of four aggravating factors: Further, the offense considered as a whole must be aggravated. A murder doesn't expire. The only possible punishment for murder is life imprisonment. Typically, the prisoner will be pardoned by the Helsinki Court of Appeals after serving 12 to 14 years, but this is not automatic. The President can also give pardon, and this used to be the only possibility. In jurisprudence, the comparison of an actual crime against the "brutal or cruel way" standard has been understood to mean comparison to "usual" homicide cases.
unsolved murderUnsolved murdersunsolved
Casey claimed the girl had been kidnapped by a nanny and circumstantial evidence led to her arrest on murder charges that fall. A tip that could have led to the body's discovery in August was not fully acted upon until December; by then the body was so decomposed that it was impossible to establish how Caylee had died, although the coroner ruled it homicide.
Murder in Cuba is classified into three major categories: murder with special circumstances, murder, and manslaughter. Murder with special circumstances includes: Murder with special circumstances is punishable by a maximum term of life imprisonment, or by the death penalty. Premeditated or non-premeditated intentional murder is punishable by a maximum term of 30 years. Manslaughter is non-intentional homicide. It is punishable by between 7 and 25 years in prison.
culpable homicide not amounting to murdermurderedhomicide
Voluntary culpable homicide is homicide where the mens rea for murder is present but mitigating circumstances reduce the crime to culpable homicide. Involuntary culpable homicide is homicide where the mens rea for murder is not present but either the independent mens rea for culpable homicide is present, or the circumstances in which death was caused make it culpable homicide. Involuntary culpable homicide may arise in the context of an unlawful act or a lawful act. The mens rea requirement is different in each case. Person A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused.
laws of warjus in bellorules of war
The law of war refers to the component of international law that regulates the conditions for war (jus ad bellum) and the conduct of warring parties (jus in bello). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of international law.
war crimeswar criminalwar criminals
War crimes are sometimes part of instances of mass murder and genocide though these crimes are more broadly covered under international humanitarian law described as crimes against humanity. In 2008, the U.N. Security Council adopted Resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"; see also war rape. In 2016, the International Criminal Court convicted someone of sexual violence for the first time; specifically, they added rape to a war crimes conviction of Congo Vice President Jean-Pierre Bemba Gombo.
A cross-sectional analysis of the World Health Organization Mortality Database from 2010 showed that United States "homicide rates were 7.0 times higher than in other high-income countries, driven by a gun homicide rate that was 25.2 times higher." Gun ownership rights continue to be the subject of contentious political debate. In 2016, the US murder rate of 5.4 per 100,000 was similar to the estimated global average of 5.15 per 100,000. In 2017, there were 17,264 murders and the murder rate was 5.3 per 100,000. Regarding weapons, 73% of murders were committed by firearm, 10% by knife and 17% by other means.
self-defensereasonable forcedefense of others
Justifiable homicide. Ossian Sweet. Son assault demesne. Use of force continuum. Sir Edward Coke, The First Part of the Institutes of the Laws of England, or, A Commentary on Littleton (London, 1628, ed. F. Hargrave and C. Butler, 19th ed., London, 1832). Dressler, Joshua, New Thoughts About the Concept of Justification in the Criminal Law: A Critique of Fletcher's Thinking and Rethinking, (1984) 32 UCLA L. Rev. 61. Fletcher, George P. (1990) Crime of Self-Defense: Bernhard Goetz and the Law on Trial, Chicago: University of Chicago Press, ISBN: 0-226-25334-1. Fletcher, George P. (2000) Rethinking Criminal Law, Oxford: Oxford University Press, ISBN: 0-19-513695-0.
not guilty by reason of insanityinsanitycriminally insane
However, in colonial America a delusional Dorothy Talbye was hanged in 1638 for murdering her daughter, as at the time Massachusetts's common law made no distinction between insanity (or mental illness) and criminal behavior. Edward II, under English Common law, declared that a person was insane if their mental capacity was no more than that of a "wild beast" (in the sense of a dumb animal, rather than being frenzied). The first complete transcript of an insanity trial dates to 1724. It is likely that the insane, like those under 14, were spared trial by ordeal.
WHOWorld Health OrganisationWorld Health Organization (WHO)
The World Health Organization (WHO) is a specialized agency of the United Nations that is concerned with international public health. It was established on 7 April 1948, and is headquartered in Geneva, Switzerland. The WHO is a member of the United Nations Development Group. Its predecessor, the Health Organization, was an agency of the League of Nations.