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A Rationale of Criminal Negligence Roy Mitchell Moreland University of Kentucky
Kentucky Law Journal Volume 32 | Issue 2 Article 2 1944 A Rationale of Criminal Negligence Roy Mitchell Moreland University of Kentucky Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Criminal Law Commons, and the Torts Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Moreland, Roy Mitchell (1944) "A Rationale of Criminal Negligence," Kentucky Law Journal: Vol. 32 : Iss. 2 , Article 2. Available at: https://uknowledge.uky.edu/klj/vol32/iss2/2 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. A RATIONALE OF CRIMINAL NEGLIGENCE (Continued from November issue) RoY MOREL A D* 2. METHODS Op DESCRIBING THE NEGLIGENCE REQUIRED 'FOR CRIMINAL LIABILITY The proposed formula for criminal negligence describes the higher degree of negligence required for criminal liability as "conduct creating such an unreasonable risk to life, safety, property, or other interest for the unintentional invasion of which the law prescribes punishment, as to be recklessly disre- gardful of such interest." This formula, like all such machinery, is, of necessity, ab- stractly stated so as to apply to a multitude of cases. As in the case of all abstractions, it is difficult to understand without explanation and illumination. What devices can be used to make it intelligible to judges and juries in individual cases q a. -
Submission to the United Nations Special Rapporteur on Violence Against Women on Femicide Related Data and Information
Submission to the United Nations Special Rapporteur on violence against women on femicide related data and information November 2020 The Human Rights Ombudsman of the Republic of Slovenia (National Human Rights Institution) submits the following information to the UN Special Rapporteur on Violence Against Women, its Causes and Consequences, Ms Dubravka in response to her call for femicide related data and information.1 Administrative data (by numbers and percentage) on homicide/femicide or gender-related killings of women for the last 3 years (2018-2020). The Human Rights Ombudsman of the Republic of Slovenia acquired the following data on the number of homicides/femicides in Slovenia from the Ministry of Interior of the Republic of Slovenia on 18th and 24th November 2020. 1. The total number of homicides of women and men As a homicide/femicide, we considered the following crimes under the Slovenian Criminal Code:2 manslaughter (Article 115),3 murder (Article 116),4 voluntary manslaughter (Article 117)5 and negligent homicide (Article 118).6 In 2018, the police dealt with 49 crimes of homicide. In 21 cases victims were women, in 28 victims were men. In 2019, the police dealt with 27 homicides; women were victims in 8 cases, men were victims in 19. From 1st January to 11th November 2020, the police dealt with 41 homicides, 18 committed against women, 23 against men. 1 Femicide Watch call 2020, www.ohchr.org/EN/Issues/Women/SRWomen/Pages/FemicideWatchCall2020.aspx 2 Kazenski zakonik (KZ-1), www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5050. -
Second Degree Murder, Malice, and Manslaughter in Nebraska: New Juice for an Old Cup John Rockwell Snowden University of Nebraska College of Law
Nebraska Law Review Volume 76 | Issue 3 Article 2 1997 Second Degree Murder, Malice, and Manslaughter in Nebraska: New Juice for an Old Cup John Rockwell Snowden University of Nebraska College of Law Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation John Rockwell Snowden, Second Degree Murder, Malice, and Manslaughter in Nebraska: New Juice for an Old Cup, 76 Neb. L. Rev. (1997) Available at: https://digitalcommons.unl.edu/nlr/vol76/iss3/2 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. John Rockwell Snowden* Second Degree Murder, Malice, and Manslaughter in Nebraska: New Juice for an Old Cup TABLE OF CONTENTS I. Introduction .......................................... 400 II. A Brief History of Murder and Malice ................. 401 A. Malice Emerges as a General Criminal Intent or Bad Attitude ...................................... 403 B. Malice Becomes Premeditation or Prior Planning... 404 C. Malice Matures as Particular States of Intention... 407 III. A History of Murder, Malice, and Manslaughter in Nebraska ............................................. 410 A. The Statutes ...................................... 410 B. The Cases ......................................... 418 IV. Puzzles of Nebraska Homicide Jurisprudence .......... 423 A. The Problem of State v. Dean: What is the Mens Rea for Second Degree Murder? ... 423 B. The Problem of State v. Jones: May an Intentional Homicide Be Manslaughter? ....................... 429 C. The Problem of State v. Cave: Must the State Prove Beyond a Reasonable Doubt that the Accused Did Not Act from an Adequate Provocation? . -
Criminal Law -- Homicide -- Application of Felony-Murder Rule When Non-Felon Kills Felon, 34 N.C
NORTH CAROLINA LAW REVIEW Volume 34 | Number 3 Article 10 4-1-1956 Criminal Law -- Homicide -- Application of Felony- Murder Rule When Non-Felon Kills Felon James P. Crews Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation James P. Crews, Criminal Law -- Homicide -- Application of Felony-Murder Rule When Non-Felon Kills Felon, 34 N.C. L. Rev. 350 (1956). Available at: http://scholarship.law.unc.edu/nclr/vol34/iss3/10 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. NORTH CAROLINA LAW REVIEW (Vol. 34 ideas by words, pictures, or drawings; and that to uphold the Post- master General's revocation would be saying that Congress granted him the power of censorship, or the power to alone determine whether a publication is good or bad for the public to read. This, said the court, would be a radical change from the other standards regarding classifica- tions, and "such a power is so abhorrent to our traditions that it '2 6 should not be easily inferred. The Postmaster General in Esquire relied on the holding of Mil- waukee Publishing Company, but as has been pointed out the matter involved in the latter case was completely nonmailable. It appears then that anything which the Postmaster General may properly declare non- mailable, he may exclude from the second-class without denying mailing privileges entirely, but where the matter involved is mailable he must objectively apply the standards set by Congress. -
Law Culpable Homicide Substantive Criminal
LAW SUBSTANTIVE CRIMINAL LAW CULPABLE HOMICIDE Quadrant-I (B) Description of Module: Description of Module Subject Name Law Paper Name Substantive Criminal Law Module Name/Title Culpable Homicide Not Amounting to Murder Module Id Module 05 Pre-requisites A foundational understanding of the basic principles of criminal law. Objectives To understand culpable homicide and how it differs from murder Keywords Homicide, murder, knowledge Quadrant – II – e-Text CULPABLE HOMICIDE Introduction Some crimes are creations of statutes. These are called statutory offences. Other crimes come from years of judicial decisions together with legal principles founded on Institutional Writers. These are called common law offences. Murder and culpable homicide are both common law offences. Most common law offences require two essential elements before there can be a conviction. There must be a guilty act (called actus reus) and a guilty mind (mens rea). The degree and extent of the guilty mind can vary from crime to crime. For a conviction for any common law offence however there must be some degree of guilty mind (mensrea). Homicide means the killing of a human being by a human being1. Homicide is the highest order of bodily injury that can be inflicted on a human body. Since it is considered as a most serious harm which may be inflicted upon another person, it bags maximum punishment. Under Indian law and US law imposes death penalty2 and in English law proposes mandatory life imprisonment. However in every case of homicide the culprit is not culpable. There may be cases where a law will not punish a man for committing homicide. -
Corporate Criminal Liability for Homicide: Can the Criminal Law Control Corporate Behavior
SMU Law Review Volume 38 Issue 5 Article 5 1984 Corporate Criminal Liability for Homicide: Can the Criminal Law Control Corporate Behavior John E. Stoner Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation John E. Stoner, Comment, Corporate Criminal Liability for Homicide: Can the Criminal Law Control Corporate Behavior, 38 SW L.J. 1275 (1984) https://scholar.smu.edu/smulr/vol38/iss5/5 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. CORPORATE CRIMINAL LIABILITY FOR HOMICIDE: CAN THE CRIMINAL LAW CONTROL CORPORATE BEHAVIOR? by John E. Stoner ON September 14, 1984, a New Jersey grand jury indicted the Six Flags Corporation on charges of aggravated manslaughter stem- ming from the deaths of eight youths killed in a fire while trapped in one of the park's amusements.' The grand jury also indicted two of the corporation's executives for manslaughter. 2 The indictment marked only the second time that a state has indicted a corporation for any degree of homicide greater than negligent homicide. In the first case an Indiana jury acquitted the Ford Motor Company on three counts of reckless homicide arising out of the deaths of three girls in a Ford Pinto automobile. 3 In addi- tion to these two indictments, in recent years several states have begun to allow the indictment of corporations for lesser degrees of homicide.4 As a result of the increasing number of corporations indicted for homicide and the increasing tendency to charge corporations with other intent offenses, 1. -
~. Provocation As a Defence to Murder
If you have issues viewing or accessing this file contact us at NCJRS.gov. LAW REFORM COMMISSIONER VICTORIA , r Working Paper No.6 : - I ~. PROVOCATION AS A DEFENCE "~I TO MURDER MELBOURNE 1979 '. NCJf:'~~S SEP 261979 ACQUISITIONS, LAW REFORM COMMISSIONER I VICTORIA . " ! . , ". ~. I :'! .~, . ' .. " \ .. ' , Working Paper No.6 _} " ",!, I .. 1:. : . : ~ , PROVOCATION AS A DEFENCE TO MUR'D'ER MELBOURNE 1979 / Views expressed in this Working Paper are provisional only and such suggestions as are made are tentative. Comment and criticism are invited and it would be greatly appreciated if these could be forwarded before 1st October, 1979. Law Reform Commissioner 155 Queen Street, Melbourne, Vic. 3000. I CONTENTS Paragraph Page Introduction 1 5 What is Provocation? 4 S 19th Century Views 5 6 The Emergence of "The Reasonable Man" and "The Ordinary Man" 9 7 "The Ordinary Man" in Legislation 13 9 "The Reasonable Man" and the Common Law 18 11 The Case of Holmes 20 11 More of "The Reasonable Person" 28 13 Legislative Change 32 15 The New Zealand Crimes Act 1961 37 16 The New Zealand Case 38 16 Victoria Today 41 18 Ever the Problem of "The Ordinary Man" 59 23 A Climate of Reform 64 24 (a) Eire 64 24 (b) England 65 24 (c) U.S.A.- The Model Penal Code . 68 25 (d) South Australia 72 26 Reform for Victoria 76 27 References 31 3 WORKING PAPER No.6 PROVOCATION AS A DEFENCE TO MURDER. Introduction 1. By letter dated the 13th day of March, 1979 The Honourable the Attorney-General acting pursuant to section 8 (b) of the Law Reform Act 1973 referred to the Law Reform Commissioner the following reference:- "To investigate and report upon the necessity for reform of the law relating to provocation as a defence to a charge of murder." 2. -
A New Homicide Act for England and Wales?
The Law Commission Consultation Paper No 177 (Overview) A NEW HOMICIDE ACT FOR ENGLAND AND WALES? An Overview The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Toulson, Chairman Professor Hugh Beale QC, FBA Mr Stuart Bridge Dr Jeremy Horder Professor Martin Partington CBE The Chief Executive of the Law Commission is Steve Humphreys and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This overview, completed on 28 November 2005, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. For those who are interested in a fuller discussion of the law and the Law Commission's proposals, our formal consultation paper is accessible from http://www.lawcom.gov.uk/murder.htm, or you can order a hard copy from TSO (www.tso.co.uk). The Law Commission would be grateful for comments on its proposals before 13 April 2006. Comments may be sent either – By post to: David Hughes Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: 020-7453-1212 Fax: 020-7453-1297 By email to: [email protected] It would be helpful if, where possible, comments sent by post could also be sent on disk, or by email to the above address, in any commonly used format. All responses will be treated as public documents in accordance with the Freedom of Information Act 2000, and may be made available to third parties. -
Case No. S192644 SUPREME COURT of the STATE OF
Case No. S192644 SUPREME COURT OF THE STATE OF CALIFORNIA THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, V. TARE NICHOLAS BELTRAN, Defendant and Appellant. First Appellate District, Division Four, Case No. A124392 San Francisco County Superior Court, Case Nos. 175503, 203443 The Honorable Robert L. Dondero, Judge APPLICATION OF SAN FRANCISCO DOMESTIC VIOLENCE CONSORTIUM, CALIFORMA WOMEN LAWYERS, CALIFORNIA PARTNERSHIP TO END DOMESTIC VIOLENCE, QUEEN’S BENCH BAR ASSOCIATION, AN]) WOMEN LAWYERS OF SACRAMENTO TO FILE AMICI CURIAE BRIEF IN SUPPORT OF THE PEOPLE OF THE STATE OF CALIFORNIA; AND AMICI BRIEF BAY AREA LEGAL AID GREINES, MARTIN, STEIN & Minouche Kandel (SBN 157098) RICRLAND LLP 1035 Market Street, 6th Floor Cynthia E. Tobisman (SBN 197983) SanFrancisco, California 94103 - KentJ.Bullard-(SBN 176194) Telephone: (415) 982-1300 Lara M. Krieger (SBN 218801) Facsimile: (415) 982-4243 5900 Wilshire Boulevard, 12th Floor E-Mail: mkandelbaylega1 .org Los Angeles, California 90036 Telephone: (310) 859-7811 Facsimile: (310) 276-5261 E-Mail: [email protected] E-Mail: kbullardgmsr.com E-Mail: [email protected] Attorneys for Prospective Amici Curiae SAN FRANCISCO DOMESTIC VIOLENCE CONSORTRJM, CALIFORNIA WOMEN LAWYERS, CALIFORNIA PARTNERSHIP TO END DOMESTIC VIOLENCE, QUEEN’S BENCH BAR ASSOCIATION, AND WOMEN LAWYERS OF SACRAMENTO TABLE OF CONTENTS Page APPLICATION OF SAN FRANCISCO DOMESTIC VIOLENCE CONSORTIUM, CALIFORNIA WOMEN LAWYERS, CALIFORNIA PARTNERSHIP TO END DOMESTIC VIOLENCE, QUEEN’S BENCH BAR ASSOCIATION, AND WOMEN LAWYERS OF SACRAMENTO TO FILE AMICI CURIAE BRIEF IN SUPPORT OF THE PEOPLE OF THE STATE OF CALIFORNIA xi AMICI CURIAE BRIEF 1 INTRODUCTION 1 ARGUMENT 3 I. THIS COURT SHOULD REEVALUATE AND REPUDIATE AUTHORITIES ALLOWING THE USE OF THE PROVOCATION DEFENSE TO PARTIALLY EXCUSE INTIMATE-PARTNER MURDERERS WITH A HISTORY OF HABITUAL DOMESTIC ABUSE. -
Culpable Homicide Are Not Amounting to Murder
International Journal of Pure and Applied Mathematics Volume 120 No. 5 2018, 891-900 ISSN: 1314-3395 (on-line version) url: http://www.acadpubl.eu/hub/ Special Issue http://www.acadpubl.eu/hub/ CULPABLE HOMICIDE ARE NOT AMOUNTING TO MURDER 1Subhasini.D , 2Roja.K 1Student, B.A,LLB(Hons) Saveetha School Of Law, Saveetha University, Saveetha institute of medical and technical sciences, Chennai, Tamilnadu, India 2Assistant Professor, Saveetha School Of Law, Saveetha University, Saveetha institute of medical and technical sciences, Chennai, Tamilnadu, India [email protected],2 [email protected], ABSTRACT Chapter XVI- section 299 to 304 dealt with culpable homicide and murder.Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Ingredients of S.299 1. With the Intention to causing death. 2. With the intention of causing such bodily injury as is likely to cause death. 3. With the knowledge that the offence likely by such act to cause death. Section 299 defined Culpable Homicide in simple way. Culpable homicide are of two kinds: I. Culpable homicide amounting to murder. II. Culpable homicide not amounting to murder. Culpable homicide is the Genus, and murder is the Species. All murder are culpable homicide but not vice-versa, it has be held in Nara singh Challan v/s Sate of Orrisa (1997). Section 299 cannot be taken to be definition of culpable homicide not amounting to murder. -
Manslaughter Working Group Report to the Commission
MANSLAUGHTER WORKING GROUP REPORT TO THE COMMISSION December 15, 1997 Pamela O. Barron, Chair Alan C. Dorhoffer Raymond L. Dummett Jerry E. Jones Arthur A. Meltzer Rachel S. Singer TABLE OF CONTENTS Page Purpose ..................................................................1 Procedure .................................................................1 Voluntary Manslaughter .....................................................2 A. Statutory and Guideline Penalties ....................................2 B. Primary Issues for Consideration ....................................3 C. Principal Findings ................................................3 1. Analysis of Commission Monitoring Data and Case Information .......3 2. Inter-jurisdictional Comparison ................................4 3. Comparison with Other Chapter Two Violent Offense Guidelines ......5 4. Comparison with Other Statutory Maximum Penalties ...............6 5. Probation Officers' Survey ....................................7 D. Public Hearing Testimony ..........................................7 E. Options .......................................................7 1. Increased Statutory Maximum Penalty ..........................7 2. Base Offense Level Increase ..................................8 3. Specific Offense Characteristics/Encouraged Upward Departure .......8 4. Supervised Release .........................................8 Involuntary Manslaughter ...................................................9 A. Statutory and Guideline Penalties ....................................9 -
FELON's RESPONSIBILITY for the LETHAL ACTS of OTHERS Norval Morris T
[Vol. 105 THE FELON'S RESPONSIBILITY FOR THE LETHAL ACTS OF OTHERS Norval Morris t Far from shrinking under protracted criticism, the felony-murder rule has recently demonstrated a tendency to expand. In particular, courts in Pennsylvania and California have greatly extended the scope of this doctrine. Though their purpose of deterring the commission of certain felonies is commendable, the means selected appears to be socially unwise and is based on reasoning not free from substantial analytic and historical errors. Throughout the Anglo-American system of criminal justice, those who engage in certain felonies and kill the subject of their felonious designs, or those who kill while forcibly resisting lawful arrest, may be convicted of murder. Where, however, death is caused by the retaliatory or defensive action of a victim of an intended felony, or by a police officer or other person assisting him, the criminal responsibility of the felon for that death is less clear. In such circumstances an innocent bystander, a policeman or one of the felons may be killed by an act of justified resistance to the felony or by an act intended to prevent the criminal's escape. Are the felons, by virtue of their felony, murderers? Likewise, if during the course of a felony one of the felons from extraneous motives kills one of his fellow conspirators, the criminal liability of the surviving conspirators, other than the actual killer, is uncertain. Decisions in Pennsylvania and California have held the surviving felons guilty of murder in the first degree in all the above situations. It is proposed to review these cases, to search out the suggested basis of liability, and to urge the repudiation of this extension of the felony- murder rule.