Download or read book Fault in Homicide written by Stanley Meng Heong Yeo and published by Federation Press. This book was released on 1997 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yeo's work examines the laws of England, Australia and India pertaining to the fault elements required for the crimes of murder and manslaughter. It contends that the Indian laws are superior and suggests a set of draft provisions which could comprise a viable model for reform of the English and Australian laws. The work is directly relevant to issues being considered in the development of the Model Criminal Code.

Download or read book Perfection to a Fault written by Janice S. C. Petrie and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Petrie expertly puts details into historical context and annotates each chapter with newspaper and court documentation. Written in 2000 but even more intriguing as the 100th anniversary of the crime approaches, this thorough account will appeal to fans of true crime." --Publisher's Weekly (3-7-2016) "Petrie vividly re-creates the circumstances and aftermath of an early 20th-century murder in this true-crime book. Exhaustive detail and flawless re-creations make for real suspense in this nonfiction tale."--Kirkus Reviews (10-2-2015) This book is the non-fiction account of the events which encompassed a murder and trial at the turn of the century in Ossipee, New Hampshire. When Florence Small's smoldering body rose to the surface of the basement water, local folks immediately suspected her husband of the crime. Frederick Small was an outsider, a Boston man, who had moved to Ossipee Lake to semi-retire. There was a deep distrust of "city fellas up there behind the Ossipees," in 1916 and perhaps this suspicion was warranted. But how could Frederick have been responsible for a murder and a fire that happened 7 hours after he had left for Boston on a business trip? The sensational trial that followed was unlike any previously experienced in Carroll County. And although everybody from the Boston area to Portland, Maine, had an opinion, nobody anticipated the decision the jury would reach. The unrest on the ill-fated property remained even in 1956, when Anna Foley's unsuspecting son and daughter-in-law felt the effects of the events of 1916 one August night while vacationing on the property.

Download or read book An Examination of Legal and Administrative Actions Taken Against At fault Drivers Involved in Fatal Traffic Crashes written by Kent B. Joscelyn and published by . This book was released on 1980 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Forms of Murder Codified in Criminal Law written by Marko Nikolic? and published by Society Publishing. This book was released on 2017-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the world's first Codes mankind (or the then rulers) is trying to separate, and then devise a punishment for losing one's life in someone else's fault. Even the most famous and best preserved ancient Mesopotamia Code that was found in 1902 in the Iranian city of Susa contains significant parts relating to these offenses. A long way was waiting until today's modern laws in all their complexity.Homicide offenses range from those related to negligent conduct, as in criminally negligent homicide, to heinous intent murders, like capital murder. One of the highest categories of homicide is felony murder; next to capital murder, most states consider this the most severe degrees of murder. The US federal felony-murder statute requires the government to prove that a murder occurred and then calls for a determination of the degree of the murder for sentencing purposes. The government must prove beyond a reasonable doubt that the defendant acted with "malice aforethought" in order to obtain a conviction. The felony-murder statute is not, however, the only federal statute that seeks to punish a defendant for a felony-related death. These are the questions we are starting our book with. Homicide is the killing of one person by another. Every state has some type of homicide statute, but the concept behind the homicide charge evolved from common law principles. Under common law, homicide is classified in three ways including justifiable homicide, excusable homicide, and criminal homicide. Murder is a homicide crime defined as the intentional killing of one human being by another with malice aforethought. Malice aforethought is a state of mind, or intent, requirement that makes a homicide a murder. It is this state of mind that differentiates murder from other types of criminal homicide like voluntary and involuntary manslaughter.Involuntary manslaughter is defined as the unlawful killing of a human being without malice aforethought. In order to be involuntary manslaughter, the killing must have been unintentional. Different states have different definitions of or requirements for involuntary manslaughterThe phrase "degrees of murder" refers to the intent or severity of a particular murder charge. Some states define their degrees of murder numerically. Common degrees of murder include first degree murder and second degree murder. Other states place specific labels on their murder offenses, such as capital murder, murder, and justifiable homicide. Despite the label of the degree of murder, the idea is to gradually increase the punishment with the degree. The more egregious the killing, or the motive behind a killing, then the higher the degree of punishment for that type of murder charge.The Castle Doctrine is a self-defense theory which gives a homeowner the right to protect his home with the use of deadly force. The Castle Doctrine originally emerged as a common law theory. And the editors felt theneed to mention this doctrine separately.Homicide is a leading cause of childhood death in the developed world, and Most child victims of homicide are killed by a parent or step-parent and what is the role of mental illnes in those cases. This will be dealt with in chapter five. The following chapter will mention the topic of gun violence as an ongoing problem in the United States of America and the relationship between the legal availability of guns and the firearm-related homicide rate.External causes of death comprise a heterogeneous collection of events including the three major categories of suicide, homicide, and accidental death. These causes of death represent a significant proportion of potentially preventable mortality in the United States. Risk factors associated with external causes of death have been limited in the number of covariates investigated and external causes examined in chapter seven.Homicides refer to interpersonal violence. Civilian and military deaths during interstate wars, civil wars and genocides are not counted as homicides. Mid 19th century, technologies that we take for granted today had not yet been discovered or widely used in solving crime. Innovations like fingerprinting, ballistics, hair and fiber analysis, and blood evidence had not yet been developed, and crimes were solved quickly or not at all. We rememeber that time in chapter 9. In chapter 10 we explore whether or not contagion is evident in more high-profile incidents, such as school shootings and mass killings (incidents with four or more people killed).We will contine with the questions of penalty and punishment untill we reach the very end of this edition where we take on the psyhological aspect of pre murderous kindness and postmurder grief of the perpetrator themselves.

Download or read book A Lesser Species of Homicide written by Kerry King and published by UWA Publishing. This book was released on 2020-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a dearth of longitudinal attention to the prosecution of ‘road traffic deaths’ in Australia and worldwide, surprising given more than 50 million people have died or been killed to date. Globally, the ‘road toll’ is estimated at 1.35 million per year. Almost all of those deaths are attributable to some form of human error. A Lesser Species of Homicide examines the shifting nexus where human error, fault, act or omission meet the question of criminal liability. In the first study of its kind in the world, Kerry King examines how parliaments, prosecutors, police and the courts have responded to deaths occasioned by the use of motor vehicles from the mid-twentieth century to the present, including the extent to which the community and judiciary have been prepared to label driving conduct culpable. She explores how our weddedness to the residual notion of ‘accident’, to speed, drink-driving, risk, masculinity and the broader driving culture, have intersected with the tenets of intention, negligence, dangerousness and carelessness to affect judgments about drivers’ conduct. Drawing on hundreds of cases, King carefully traces the construction of offences and case law while observing key emerging themes, including approaches to multiple fatalities, outcomes in cases involving vulnerable road users, the difficulties with prosecuting intoxicated drivers and, most importantly, trends in charging standards and sentencing. For rigour, one Australian jurisdiction, Western Australia, has been chosen as the site of inquiry, yet there is little evidence to suggest that the trends explored herein are peculiar or exceptional. The status quo elsewhere in Australia and overseas appears remarkably similar. A Lesser Species of Homicide seeks to explore how and why deaths on the road have been treated as a species apart.

Download or read book Criminal Liability for Non Aggressive Death written by Sally Cunningham and published by Routledge. This book was released on 2016-05-13 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.

Download or read book A New Homicide Act for England and Wales written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-04-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consultation paper reviews the law relating to homicide in England and Wales, and sets out a number of provisional proposals in order to establish a more rational and coherent framework of legislation. Issues discussed include: the existing law and problems with it; the definition of murder and manslaughter; partial defences including provocation, diminished responsibility and duress; the fault element in murder and the concept of intention; and the doctrine of double-effect. The paper proposes the creation of a new Homicide Act (to replace the Homicide Act 1957) to establish clear definitions of murder and the partial defences to it, as well as defining manslaughter, within a graduated system of offences (the ladder principle) to reflect seriousness of offence and degrees of mitigation. For example, the offence of murder should be divided into two categories, of 'first degree murder' (with a mandatory life sentence) and 'second degree' (with a discretionary life sentence maximum). Responses to the consultation paper proposals should be received by 13.04.2006.

Download or read book Homicide in Criminal Law written by Alan Reed and published by Routledge. This book was released on 2018-09-03 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems’ approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.

Download or read book Felony Murder written by Guyora Binder and published by Stanford University Press. This book was released on 2012-05-09 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.

Download or read book Southern Reporter written by and published by . This book was released on 1912 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.

Download or read book Homicide and the Politics of Law Reform written by Jeremy Horder and published by Oxford University Press. This book was released on 2012-07-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused? These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a political history of homicide law reform from the 19th century to the modern era. Using homicide as a starting point, Horder raises deeper questions of who is and should be responsible for making and changing the law. What role should there be for expert bodies, judges, and politicians? What role should there be for the general public? These questions invoke strong emotional responses. Horder argues that comprehensive research into, and a degree of difference to, public opinion on the scope of homicide is essential to the reform process. It is essential principally as a means of conferring true legitimacy on homicide reform in a democracy. Elite or expert opinion alone will never authentically secure such legitimacy. Offering an insider's view into the processes of achieving law reform, Horder expresses criticism of a system that excludes the vast majority of people from consultation on reform of the laws that govern them.

Download or read book Summa Theologiae Volume 38 Injustice written by Marcus Lefébure and published by Cambridge University Press. This book was released on 2006-10-26 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paperback reissue of one volume of the English Dominicans' Latin/English edition of Thomas Aquinas' Summa Theologiae.

Download or read book American Homicide written by Randolph Roth and published by Harvard University Press. This book was released on 2010-02-15 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In American Homicide, Randolph Roth charts changes in the character and incidence of homicide in the U.S. from colonial times to the present. Roth argues that the United States is distinctive in its level of violence among unrelated adults—friends, acquaintances, and strangers. America was extraordinarily homicidal in the mid-seventeenth century, but it became relatively non-homicidal by the mid-eighteenth century, even in the slave South; and by the early nineteenth century, rates in the North and the mountain South were extremely low. But the homicide rate rose substantially among unrelated adults in the slave South after the American Revolution; and it skyrocketed across the United States from the late 1840s through the mid-1870s, while rates in most other Western nations held steady or fell. That surge—and all subsequent increases in the homicide rate—correlated closely with four distinct phenomena: political instability; a loss of government legitimacy; a loss of fellow-feeling among members of society caused by racial, religious, or political antagonism; and a loss of faith in the social hierarchy. Those four factors, Roth argues, best explain why homicide rates have gone up and down in the United States and in other Western nations over the past four centuries, and why the United States is today the most homicidal affluent nation.

Download or read book The Handbook of Comparative Criminal Law written by Kevin Jon Heller and published by Stanford University Press. This book was released on 2010-12-01 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.

Download or read book The Southeastern Reporter written by and published by . This book was released on 1908 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book North Carolina Reports written by North Carolina. Supreme Court and published by . This book was released on 1969 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases argued and determined in the Supreme Court of North Carolina.

Download or read book Reports of Cases and Matters Determined by the Supreme Court and Court of Appeals of South Carolina written by South Carolina. Supreme Court and published by . This book was released on 1920 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: