Felony Murder, Transferred Intent, and the Palsgraf Doctrine in the Rc Iminal Law Wilfred J
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Reckless Driving; Vehicular Manslaughter; Death of Two Or More) Penal Law § 125.14 (4) (Committed on Or After Nov
AGGRAVATED VEHICULAR HOMICIDE (Reckless Driving; Vehicular Manslaughter; Death of Two or More) Penal Law § 125.14 (4) (Committed on or after Nov. 1, 2007) The (specify) count is Aggravated Vehicular Homicide. Under our law, a person is guilty of Aggravated Vehicular Homicide when he or she engages in Reckless Driving1 and commits the crime of Vehicular Manslaughter in the Second Degree2 and causes the death of more than one 3 person. The following terms used in that definition have a special meaning: A person ENGAGES IN RECKLESS DRIVING when that person drives or uses any motor vehicle,4 in a manner which unreasonably interferes with the free and proper use of a public highway, road, street, or avenue, or unreasonably endangers users of a public highway, road, street, or avenue.5 1 At this point, the statute continues: “as defined by section twelve hundred twelve of the vehicle and traffic law.” That definition is utilized in this charge in the definition of “reckless driving.” 2 At this point, the statute continues: “as defined in section 125.12 of this article.” 3 At this point, the statute states “other person.” For purposes of clarity, the word “other” modifying “person” has been omitted. 4 At this point, the statute continues: “motorcycle or any other vehicle propelled by any power other than a muscular power or any appliance or accessory thereof.” (Vehicle & Traffic Law § 1212). Such language has been omitted here due to the all encompassing term “motor vehicle.” The additional statutory language should, however, be inserted if that type of vehicle is at issue. -
Casenotes: Criminal Law—Homicide—Felony-Murder—Felon Is
University of Baltimore Law Review Volume 9 Article 9 Issue 3 Spring 1980 1980 Casenotes: Criminal Law — Homicide — Felony- Murder — Felon Is Culpable for Murder in the First Degree under Maryland's Felony-Murder Statute When Police Officer Kills Kidnapped Hostage Used by Felon as Human Shield. Jackson v. State, 286 Md. 430, 408 A.2d 711 (1979) John A. Roberts University of Baltimore School of Law Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Roberts, John A. (1980) "Casenotes: Criminal Law — Homicide — Felony-Murder — Felon Is Culpable for Murder in the First Degree under Maryland's Felony-Murder Statute When Police Officer Kills Kidnapped Hostage Used by Felon as Human Shield. Jackson v. State, 286 Md. 430, 408 A.2d 711 (1979)," University of Baltimore Law Review: Vol. 9: Iss. 3, Article 9. Available at: http://scholarworks.law.ubalt.edu/ublr/vol9/iss3/9 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. CRIMINAL LAW - HOMICIDE - FELONY-MURDER - FELON IS CULPABLE FOR MURDER IN THE FIRST DEGREE UNDER MARYLAND'S FELONY-MURDER STATUTE WHEN POLICE OFFICER KILLS KIDNAPPED HOSTAGE USED BY FELON AS HUMAN SHIELD. JACKSON v. STATE, 286 Md. 430, 408 A.2d 711 (1979). At common law, when one commits homicide while perpetrating a felony, the felony-murder rule raises that homicide to murder.' In Maryland, when a person commits murder in the perpetration of one or more statutorily-enumerated felonies, that murder is in the first degree under the state's felony-murder statute.2 Maryland courts have readily applied this statute when the felon has struck the fatal blow.' Recently, in Jackson v. -
The Model Penal Code's Conceptual Error on the Nature of Proximate Cause, and How to Fix It
University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 2015 The Model Penal Code's Conceptual Error on the Nature of Proximate Cause, and How to Fix It Paul H. Robinson University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Criminal Law Commons, Criminology and Criminal Justice Commons, and the Legislation Commons Repository Citation Robinson, Paul H., "The Model Penal Code's Conceptual Error on the Nature of Proximate Cause, and How to Fix It" (2015). Faculty Scholarship at Penn Law. 679. https://scholarship.law.upenn.edu/faculty_scholarship/679 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. The Model Penal Code's Conceptual Error on the Nature of Proximate Cause, and How to Fix it Paul H. Robinson* Abstract The Model Penal Code reconceptualized proximate cause to see it as part of the offense culpability requirements rather than as, in the traditional view, a minimum requirement for the strength of the connec- tion between the actor's conduct and the prohibited result. That conceptual error, rare in the well-thought-out Model Code, invites misinterpretation and misapplication of the proximate cause provision, and can produce improper liability results. The failure is all the more unfortunate because the Model Penal Code drafters did have an important improvement to offer in dealing with the challenging issue of proximate cause. -
Lifetime Likelihood of Victimization
U. S. Department of Justice I Bureau of Justice Statistics I Lifetime Likelihood of Victimization by Herbert Koppel people's perception of the meaning of BJS Analyst March 1987 annual rates with respect to their own The Bureau of Justice Statistics lives. If the Earth revolved around the This report provides estimates of the National Crime Survey provides sun in 180 days, all of our annual crime likelihood that a person will become a annual victimization rates based rates would be halved, but we would not victim of crime during his or her life- on counts of the number of crimes be safer. time, or that a household will be vic- reported and not reported to timized during a 20-year period. This police in the United States. These Calculating lifetime victimization rates contrasts with the conventional use of a rates are based on interviews 1-year period in measuring crime and twice a year with about 101,000 For this report, lifetime likelihoods criminal victimization. Most promi- persons in approximately 49,000 of victimization were calculated from nently, the National Crime Survey nationally representative NCS annual victimization rates and life (NCS) surveys a sample of U.S. house- households. Those annual rates, tables published by the National Center holds and publishes annual victimization while of obvious utility to for Health statistics.% The probability rates, and the FBI's Uniform Crime policymakers, researchers, and that a person will be victimized at a Reports (UCR) provide annual rates of statisticians, do not convey to particular age basically depends upon crimes reported to the police. -
Chapter 3-1 Homicide and Related Offenses
CHAPTER 3-1 HOMICIDE AND RELATED OFFENSES 3-1:01 MURDER IN THE FIRST DEGREE (AFTER DELIBERATION) 3-1:02 MURDER IN THE FIRST DEGREE (FELONY MURDER) 3-1:03 AFFIRMATIVE DEFENSE FELONY MURDER 3-1:04 MURDER IN THE FIRST DEGREE (EXECUTION BASED UPON PERJURY) 3-1:05 MURDER IN THE FIRST DEGREE (EXTREME INDIFFERENCE) 3-1:06 MURDER IN THE FIRST DEGREE (DISTRIBUTION OF CONTROLLED SUBSTANCE ON SCHOOL GROUNDS) 3-1:07 MURDER IN THE FIRST DEGREE (CHILD UNDER TWELVE) 3-1:08 MURDER IN THE SECOND DEGREE 3-1:09 INTERROGATORY (PROVOKED PASSION) 3-1:10 MANSLAUGHTER (RECKLESS) 3-1:11 MANSLAUGHTER (CAUSED OR AIDED SUICIDE) 3-1:12 CRIMINALLY NEGLIGENT HOMICIDE 3-1:13 VEHICULAR HOMICIDE 3-1:14 SPECIAL INSTRUCTION INFERENCES TO BE DRAWN FROM EVIDENCE OF BLOOD ALCOHOL LEVEL 3-1(15) DEFINITION The instructions in this chapter are designed to cover the offenses in §§ 18-3-101 to 107, C.R.S. 3-1:01 MURDER IN THE FIRST DEGREE (AFTER DELIBERATION) The elements of the crime of murder in the first degree are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. after deliberation, and with intent a. to cause the death of a person other than himself, b. caused the death of __________________. 4. [without the affirmative defense in instruction number _____ .] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of murder in the first degree. -
Crimes Act 2016
REPUBLIC OF NAURU Crimes Act 2016 ______________________________ Act No. 18 of 2016 ______________________________ TABLE OF PROVISIONS PART 1 – PRELIMINARY ....................................................................................................... 1 1 Short title .................................................................................................... 1 2 Commencement ......................................................................................... 1 3 Application ................................................................................................. 1 4 Codification ................................................................................................ 1 5 Standard geographical jurisdiction ............................................................. 2 6 Extraterritorial jurisdiction—ship or aircraft outside Nauru ......................... 2 7 Extraterritorial jurisdiction—transnational crime ......................................... 4 PART 2 – INTERPRETATION ................................................................................................ 6 8 Definitions .................................................................................................. 6 9 Definition of consent ................................................................................ 13 PART 3 – PRINCIPLES OF CRIMINAL RESPONSIBILITY ................................................. 14 DIVISION 3.1 – PURPOSE AND APPLICATION ................................................................. 14 10 Purpose -
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. -
Have You Been the Victim of Assault, Robbery, Harassment Or Some Other School-Related Crime?
Have you been the victim of assault, robbery, harassment or some other school-related crime? If you have, are you: Housed at the UFT and staffed by your colleagues who ➤ Feeling vulnerable, anxious, fearful, angry or understand your school environment and both the pressures depressed? and satisfactions of your job, the Victim Support Program is the only one of its kind in the country. Services include: ➤Confused about procedures and forms? ✓ Individual and group counseling conducted by Frustrated by the paperwork involved in securing your ➤ licensed psychologists, specially trained and medical benefits, claiming line-of-duty injury, or dealing with law enforcement or other agencies? experienced in working with people who are suffering trauma. ➤ Apprehensive about returning to work? ✓ Help with forms and procedures. Call the Victim Support Program. Assistance in dealing with the police department and The Victim Support Program was established in 1989 by ✓ the United Federation of Teachers and the New York City other criminal justice agencies. Board of Education to provide comprehensive, practical ✓ Support as we accompany you to court or the Board’s assistance and psychological support to teachers and other Medical Bureau. school personnel following crimes and violent incidents in Visits to schools following violent incidents to deal school. ✓ with “ripple effect” trauma. Our goal is to help you cope with the aftermath of a criminal incident. We will support you as you strive for recovery after what we know is often a professionally and personally traumatic event. Call us. We can help! (212) 598-6853 Monday-Friday, 10 a.m.- 6 p.m. -
Individual Incident Entry (IIE)
Individual Incident Entry (IIE) To begin entering a Group A or Group B incident into the state repository, click the “Incident / Arrest” button. Choose Incident or Arrest Click the “Incident Report” button to begin entering Group A incidents or click “Arrest Report” to begin enter Group B incidents into the repository. If you choose Group A, Incident …. Start with selecting either New Case or Get Previous Case Group A, New Case …. 1 2 After clicking on “New Case”: 1) enter the incident number in the box and 2) click “OK” – these steps are mandatory. Group A, Previous Case …. 1 2 After clicking “Get Previous Case”: 1) enter the incident number or partial number in the box and 2) click “Search”. Either one incident or a list of incidents with the partial number will display. Click the “Select” button to choose the appropriate case. Incident data elements …. Optional: Use only if incident date is Mandatory (if known): unknown Date incident occurred (MM/DD/YYYY) (MM/DD/YYYY) Mandatory: Use military 24-hour time; if incident occurs exactly at If an incident needs to be midnight, consider it to have removed from the repository, occurred at the beginning of the “delete” it here. following day. Optional: Physical address or Mandatory: Answer “no” or “yes” only for the latitude/longitude contribute to the offenses of: repository crime mapping feature. All Other Larceny Bribery Burglary/Breaking & Entering Credit Card/ATM Fraud Embezzlement Extortion/Blackmail False Pretenses/Swindle/Confidence Game (Fraud) Impersonation (Fraud) Motor Vehicle Theft Theft From A Building Theft from a Motor Vehicle Robbery Wire Fraud Victim data elements …. -
AGGRAVATED VEHICULAR HOMICIDE (Reckless Driving; Vehicular Manslaughter; BAC .18) Penal Law § 125.14 (1) (Committed on Or After Nov
AGGRAVATED VEHICULAR HOMICIDE (Reckless Driving; Vehicular Manslaughter; BAC .18) Penal Law § 125.14 (1) (Committed on or after Nov. 1, 2007) (Revised January, 2013) 1 The (specify) count is Aggravated Vehicular Homicide. Under our law, a person is guilty of Aggravated Vehicular Homicide when he or she engages in Reckless Driving2 and commits the crime of Vehicular Manslaughter in the Second Degree3 and does so4 while operating a motor vehicle while he or she has .18 of one per centum or more by weight of alcohol in his or her blood as shown by chemical analysis of his or her blood, breath, urine or saliva.5 The following terms used in that definition have a special meaning: A person ENGAGES IN RECKLESS DRIVING when that 1 The 2013 revision was for the purpose of inserting into the charge the law as applied to a reckless driving charge where the driver is also alleged to have been intoxicated. See footnote eight and the text it references. 2 At this point, the statute continues: “as defined by section twelve hundred twelve of the vehicle and traffic law.” That definition is utilized in this charge in the definition of “reckless driving.” 3 At this point, the statute continues: “as defined in section 125.12 of this article.” 4 The "and does so" is substituted for the statutory language of: "and commits such crimes." The reference to "crimes" in the context of this statute is not correct. While "reckless driving" is a crime, the statute does not recite that the offender must commit the "crime" of "reckless driving"; rather, the statute recites that the offender must "engage" in "reckless driving." 5 At this point, the statute continues “made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law.” person drives or uses any motor vehicle,6 in a manner which unreasonably interferes with the free and proper use of a public highway, road, street, or avenue, or unreasonably endangers users of a public highway, road, street, or avenue.7 Intoxication, absent more, does not establish reckless driving. -
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? . -
Recent Cases
Volume 59 Issue 2 Dickinson Law Review - Volume 59, 1954-1955 1-1-1955 Recent Cases Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Recent Cases, 59 DICK. L. REV. 169 (1955). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol59/iss2/8 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. DICKINSON LAW REVIEW RECENT CASES CRIMINAL LAW - HOMICIDE - INSANITY DEFENSE - DEFINITION OF INSANITY - A MATTER OF FACT FOR JURY DETERMINATION Until July, 1954, the federal courts of the District of Columbia had used both the M'Naughten test' and the "irresistible impulse" test 2 in order to determine vhether a defendant was sane enough to be held responsible for his crimes. Under the M'Naughten test it was required that the defendant, in order to be found insane, must be under a defect of reason from a disease of the mind and as a result does not know the nature and quality of the criminal act or does not know that the act was wrong.' This has become known as the "right and wrong test". It was not until 1929 that the "irresistible impulse" test was adopted in Smith v. United States. 4 Here it was required that the defendant be impelled to do the act as a result of an irresistible impulse which was caused by a diseased mind which left the defendant powerless to resist the impulse.