Murder - Revision history

Ibjadmin: /* Examples of Murder Statutes */

2010-08-05T12:51:59Z

Examples of Murder Statutes

← Older revision		Revision as of 14:51, 5 August 2010
Line 33:		Line 33:

	=Examples of Murder Statutes=		=Examples of Murder Statutes=
	==Model Penal Code==		==United States==
			===Model Penal Code===
	The Model Penal Code offers a somewhat simplified version of the common law, dividing murder into three types: murder, manslaughter or negligent homicide.		The Model Penal Code offers a somewhat simplified version of the common law, dividing murder into three types: murder, manslaughter or negligent homicide.

Line 92:		Line 93:
	otherwise of a misdemeanor.		otherwise of a misdemeanor.

	==New York==		===New York===
	==California==		===California===
	'''California Penal Code Sectiom 187''':		'''California Penal Code Sectiom 187''':

Ibjadmin: /* Degrees of Murder */

2010-08-05T12:51:35Z

Degrees of Murder

← Older revision		Revision as of 14:51, 5 August 2010
Line 30:		Line 30:
	==Degrees of Murder==		==Degrees of Murder==
	Murder is often divided into two or three degrees of murder.		Murder is often divided into two or three degrees of murder.
	In some jurisdictions First Degree Murder occurs if the killing is premediated and delibrate~~. Second Degree Murders will be less~~.		In some jurisdictions First Degree Murder occurs if the killing is premediated and delibrate.

	=Examples of Murder Statutes=		=Examples of Murder Statutes=

Ibjadmin: /* Model Penal Code */

2010-08-05T12:49:37Z

Model Penal Code

Ibjadmin: /* California */

2010-08-05T12:49:02Z

California

← Older revision		Revision as of 14:49, 5 August 2010
Line 80:		Line 80:
	==New York==		==New York==
	==California==		==California==
	'''California Penal Code Sectiom 187''':(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.		'''California Penal Code Sectiom 187''':

			(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

	(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:		(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:

Ibjadmin: /* California */

2010-08-05T12:48:34Z

California

← Older revision		Revision as of 14:48, 5 August 2010
Line 80:		Line 80:
	==New York==		==New York==
	==California==		==California==
			'''California Penal Code Sectiom 187''':(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

			(b)This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:

			(1)The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.

			(2)The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.

			(3)The act was solicited, aided, abetted, or consented to by the mother of the fetus.

			(c)Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.

	=Notes=		=Notes=
	<references/>		<references/>

Ibjadmin: /* Examples of Murder Statutes= */

2010-08-05T12:47:32Z

Examples of Murder Statutes=

← Older revision		Revision as of 14:47, 5 August 2010
Line 32:		Line 32:
	In some jurisdictions First Degree Murder occurs if the killing is premediated and delibrate. Second Degree Murders will be less.		In some jurisdictions First Degree Murder occurs if the killing is premediated and delibrate. Second Degree Murders will be less.

	=Examples of Murder Statutes==		=Examples of Murder Statutes=
	==Model Penal Code==		==Model Penal Code==
	The Model Penal Code offers a somewhat simplified version of the common law, dividing murder into three types: murder, manslaughter or negligent homicide.		The Model Penal Code offers a somewhat simplified version of the common law, dividing murder into three types: murder, manslaughter or negligent homicide.

Ibjadmin: /* Model Penal Code */

2010-08-05T12:47:22Z

Model Penal Code

← Older revision		Revision as of 14:47, 5 August 2010
Line 34:		Line 34:
	=Examples of Murder Statutes==		=Examples of Murder Statutes==
	==Model Penal Code==		==Model Penal Code==
			The Model Penal Code offers a somewhat simplified version of the common law, dividing murder into three types: murder, manslaughter or negligent homicide.

	'''� 210.1. Criminal Homicide.'''		'''� 210.1. Criminal Homicide.'''
	(1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly		(1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly

Ibjadmin: /* Model Penal Code */

2010-08-05T12:46:30Z

Model Penal Code

@@ Line 34: / Line 34: @@
 =Examples of Murder Statutes==
 ==Model Penal Code==
 ==New York==

Ibjadmin: /* Mens Rea */

2010-08-05T12:42:41Z

Mens Rea

← Older revision		Revision as of 14:42, 5 August 2010
Line 16:		Line 16:

	Mens Rea (Culpable Mental State) is also required in order for a defendant to be found guilty of murder. The following mental states may satisfy the mens rea requirement for murder. The exact definition of this mental state may vary from one jurisdiction to another.		Mens Rea (Culpable Mental State) is also required in order for a defendant to be found guilty of murder. The following mental states may satisfy the mens rea requirement for murder. The exact definition of this mental state may vary from one jurisdiction to another.
	* '''Malice Aforethought''' - Not a distinct mens rea, Malice Aforethought is legal concept that encompasses many different mental states.		* '''Malice Aforethought''' - Not a distinct mens rea, Malice Aforethought is commnon law legal concept that encompasses many different mental states including
	* '''Intent to Kill'''		** '''Intent to Kill'''
	* '''Intent to do Serious Bodily Harm'''		** '''Intent to do Serious Bodily Harm'''
	* '''Depraved Heart Murder''' - The mens rea may be satisifed under this theory if the defendant acted in a way that demonstrated reckless indifference to human life.		** '''Depraved Heart Murder''' - The mens rea may be satisifed under this theory if the defendant acted in a way that demonstrated reckless indifference to human life.
			** '''[[Felony Murder]]'''

	==Absence of Justification==		==Absence of Justification==

Ibjadmin: /* Examples of Murder States= */

2010-08-05T12:41:49Z

Examples of Murder States=

← Older revision		Revision as of 14:41, 5 August 2010
Line 27:		Line 27:
	Literally, "Body of the Crime" in Latin, the Corpus Delecti does not require the production of a physical body as an element of proof that the crime of murder has been committed. Proof of death, like any other element of the crime, can be proven through circumstantial evidence.		Literally, "Body of the Crime" in Latin, the Corpus Delecti does not require the production of a physical body as an element of proof that the crime of murder has been committed. Proof of death, like any other element of the crime, can be proven through circumstantial evidence.

	=Examples of Murder ~~States~~==		==Degrees of Murder==
			Murder is often divided into two or three degrees of murder.
			In some jurisdictions First Degree Murder occurs if the killing is premediated and delibrate. Second Degree Murders will be less.

			=Examples of Murder Statutes==
			==Model Penal Code==

	==New York==		==New York==
	==California==		==California==

← Older revision		Revision as of 14:49, 5 August 2010
Line 37:		Line 37:

	'''� 210.1. Criminal Homicide.'''		'''� 210.1. Criminal Homicide.'''

	(1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly		(1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly
	or negligently causes the death of another human being.		or negligently causes the death of another human being.

	(2) Criminal homicide is murder, manslaughter or negligent homicide.		(2) Criminal homicide is murder, manslaughter or negligent homicide.

	'''� 210.2. Murder.'''		'''� 210.2. Murder.'''

	(1) Except as provided in Section 210.3(1)(b), criminal homicide constitutes		(1) Except as provided in Section 210.3(1)(b), criminal homicide constitutes
	murder when:		murder when:

	(a) it is committed purposely or knowingly; or		(a) it is committed purposely or knowingly; or

	(b) it is committed recklessly under circumstances manifesting extreme		(b) it is committed recklessly under circumstances manifesting extreme
	indifference to the value of human life. Such recklessness and indifference		indifference to the value of human life. Such recklessness and indifference
Line 51:		Line 56:
	robbery, rape or deviate sexual intercourse by force or threat of force, arson,		robbery, rape or deviate sexual intercourse by force or threat of force, arson,
	burglary, kidnaping or felonious escape.		burglary, kidnaping or felonious escape.

	(2) Murder is a felony of the first degree [but a person convicted of murder may		(2) Murder is a felony of the first degree [but a person convicted of murder may
	be sentenced to death, as provided in Section 210.6].		be sentenced to death, as provided in Section 210.6].

	'''� 210.3. Manslaughter.'''		'''� 210.3. Manslaughter.'''

	(1) Criminal homicide constitutes manslaughter when:		(1) Criminal homicide constitutes manslaughter when:

	(a) it is committed recklessly; or		(a) it is committed recklessly; or

	(b) a homicide which would otherwise be murder is committed under the		(b) a homicide which would otherwise be murder is committed under the
	influence of extreme mental or emotional disturbance for which there is		influence of extreme mental or emotional disturbance for which there is
Line 62:		Line 71:
	excuse shall be determined from the viewpoint of a person in the actor's		excuse shall be determined from the viewpoint of a person in the actor's
	situation under the circumstances as he believes them to be.		situation under the circumstances as he believes them to be.

	(2) Manslaughter is a felony of the second degree.		(2) Manslaughter is a felony of the second degree.

	'''� 210.4. Negligent Homicide.'''		'''� 210.4. Negligent Homicide.'''

	(1) Criminal homicide constitutes negligent homicide when it is committed		(1) Criminal homicide constitutes negligent homicide when it is committed
	negligently.		negligently.

	(2) Negligent homicide is a felony of the third degree.		(2) Negligent homicide is a felony of the third degree.

	'''� 210.5. Causing or Aiding Suicide.'''		'''� 210.5. Causing or Aiding Suicide.'''

	(1) Causing Suicide as Criminal Homicide. A person may be convicted of		(1) Causing Suicide as Criminal Homicide. A person may be convicted of
	criminal homicide for causing another to commit suicide only if he purposely		criminal homicide for causing another to commit suicide only if he purposely
	causes such suicide by force, duress or deception.		causes such suicide by force, duress or deception.

	(2) Aiding or Soliciting Suicide as an Independent Offense. A person who		(2) Aiding or Soliciting Suicide as an Independent Offense. A person who
	purposely aids or solicits another to commit suicide is guilty of a felony of the		purposely aids or solicits another to commit suicide is guilty of a felony of the