Rape, Femicide and Intimate Partner Violence ACKNOWLEDGEMENTS
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A History of the Law of Assisted Dying in the United States
SMU Law Review Volume 73 Issue 1 Article 8 2020 A History of the Law of Assisted Dying in the United States Alan Meisel University of Pittsburgh, [email protected] Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Health Law and Policy Commons, Jurisprudence Commons, and the Legal History Commons Recommended Citation Alan Meisel, A History of the Law of Assisted Dying in the United States, 73 SMU L. REV. 119 (2020) https://scholar.smu.edu/smulr/vol73/iss1/8 This Article 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. A HISTORY OF THE LAW O F ASSISTED DYING IN THE UNITED STATES Alan Meisel* TABLE OF CONTENTS I. INTRODUCTION ........................................ 120 II. TERMINOLOGY ........................................ 120 III. HISTORY OF THE LAW OF CRIMINAL HOMICIDE . 123 A. THE LAW S O F SUICIDE AND ATTEMPTED SUICIDE ..... 124 B. THE LAW O F ASSISTED SUICIDE ....................... 125 IV. THE MODERN AMERICAN LAWS OF HOMICIDE, SUICIDE, ATTEMPTED SUICIDE, AND ASSISTED SUICIDE ................................................. 125 V. EUTHANASIA AND ASSISTED SUICIDE FOR THE TERMINALLY ILL ...................................... 127 A. NINETEENTH AND EARLY TWENTIETH CENTURY ...... 127 B. THE RENEWAL OF THE DEBATE, POST-WORLD WAR II ............................................... 129 C. THE EFFECT OF MEDICAL TECHNOLOGY AND THE “RIGHT TO DIE” ...................................... 130 D. THE “RIGHT TO DIE” AS A TRANSITIONAL STAGE TO ACTIVELY HASTENING DEATH ........................ 132 VI. THE GULF BETWEEN THEORY AND PRACTICE . 135 A. PROSECUTION OF LAY PEOPLE ....................... -
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. -
Report on Exploratory Study Into Honor Violence Measurement Methods
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Report on Exploratory Study into Honor Violence Measurement Methods Author(s): Cynthia Helba, Ph.D., Matthew Bernstein, Mariel Leonard, Erin Bauer Document No.: 248879 Date Received: May 2015 Award Number: N/A This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this federally funded grant report available electronically. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Report on Exploratory Study into Honor Violence Measurement Methods Authors Cynthia Helba, Ph.D. Matthew Bernstein Mariel Leonard Erin Bauer November 26, 2014 U.S. Bureau of Justice Statistics Prepared by: 810 Seventh Street, NW Westat Washington, DC 20531 An Employee-Owned Research Corporation® 1600 Research Boulevard Rockville, Maryland 20850-3129 (301) 251-1500 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Table of Contents Chapter Page 1 Introduction and Overview ............................................................................... 1-1 1.1 Summary of Findings ........................................................................... 1-1 1.2 Defining Honor Violence .................................................................... 1-2 1.3 Demographics of Honor Violence Victims ...................................... 1-5 1.4 Future of Honor Violence ................................................................... 1-6 2 Review of the Literature ................................................................................... -
Research and Prevention of Femicide Across Europe
EDITED BY SHALVA WEIL, CONSUELO CORRADI AND MARCELINE NAUDI FEMICIDE ACROSS EUROPE Theory, research and prevention POLICY PRESSPOLICY & PRACT ICE EDITED BY: SHALVA WEIL CONSUELO CORRADI MARCELINE NAUDI FEMICIDE ACROSS EUROPE Theory, research and prevention POLICY PRESSPOLICY & PRACT ICE First published in Great Britain in 2018 by Policy Press North America office: University of Bristol Policy Press 1-9 Old Park Hill c/o The University of Chicago Press Bristol 1427 East 60th Street BS2 8BB Chicago, IL 60637, USA UK t: +1 773 702 7700 t: +44 (0)117 954 5940 f: +1 773 702 9756 [email protected] [email protected] www.policypress.co.uk www.press.uchicago.edu © Policy Press 2018 The digital PDF version of this title is available Open Access and distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 license (http://creativecommons. org/licenses/by-nc/4.0/) which permits adaptation, alteration, reproduction and distribution for non-commercial use, without further permission provided the original work is attributed. The derivative works do not need to be licensed on the same terms. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data A catalog record for this book has been requested. ISBN 978-1-4473-4713-2 (paperback) ISBN 978-1-4473-4714-9 (ePub) ISBN 978-1-4473-4715-6 (Mobi) ISBN 978-1-4473-4716-3 (OA PDF) The right of Shalva Weil, Consuelo Corradi and Marceline Naudi to be identified as editors of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act 1988. -
Felony Murder -- Homicide by Fright David A
NORTH CAROLINA LAW REVIEW Volume 44 | Number 3 Article 16 4-1-1966 Criminal Law -- Felony Murder -- Homicide by Fright David A. Irvin Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation David A. Irvin, Criminal Law -- Felony Murder -- Homicide by Fright, 44 N.C. L. Rev. 844 (1966). Available at: http://scholarship.law.unc.edu/nclr/vol44/iss3/16 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. 44 Criminal Law-Felony Murder-Homicide by Fright X, in committing armed robbery of a tavern, fires a warning shot into the ceiling to show he means business. Y, a customer in the tavern and one of the intended victims, has a heart attack and dies. May X be convicted of first degree murder? In State v. McKeiver,1 a New Jersey Superior Court, applying its felony- murder statute,2 held that this situation was sufficient to support an indictment for first degree murder. This note will attempt to examine the felony-murder rule, its purpose and the validity of this extended application. At common law the felony-murder rule was simply that a homi- cide resulting from the perpetration or attempted perpetration of a felony was designated as murder.' Today, the rule, as generally codified in this country, is that a murder4 committed in the perpetra- tion or the attempted perpetration of one of the "dangerous" felonies5 designated by statute is a first degree offense.' There are '89 N.J. -
Criminalization and Prosecution of Rape in Denmark
AMNESTY INTERNATIONAL INTERNATIONAL SECRETARIAT www.amnesty.org CRIMINALIZATION AND PROSECUTION OF RAPE IN DENMARK SUBMISSION TO THE UN SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN, ITS CAUSES AND CONSEQUENCES Amnesty International presents the attached responses to the questionnaire on criminalization and prosecution of rape in Denmark. This submission has been prepared in response to the call for contributions issued by the United Nations (UN) Special Rapporteur on violence against women, its causes and consequences ahead of her upcoming report on rape as a grave and systematic human rights violation and a form of gender-based violence against women. Definition and scope of criminal law provisions 1. Please provide information on criminal law provision/s on rape (or analogous forms of serious sexual violence for those jurisdictions that do not have a rape classification) by providing full translated transcripts of the relevant Sections of the Criminal Code and the Criminal procedure code. Article 216 of the Danish Criminal Code states (unofficial translation): “A penalty of imprisonment for a term not exceeding eight years for rape is imposed on any person who (i) uses violence or threats of violence to have sexual intercourse; or (ii) engages in sexual intercourse by duress as defined in section 260 or with a person who is in a state or situation in which the person is incapable of resisting the act.”1 The flaws in Danish law on sexual violence are not confined to the definition of rape and its consequences. Articles 218-220 of the Criminal Code criminalize sexual intercourse in situations where a person exploits another person’s mental disability or their dependency, for instance in situations of deprivation of liberty, in institutions such as youth institutions or psychiatric wards.2 Article 221 of the Criminal Code criminalizes obtaining sexual intercourse through deception.3 The Criminal Code does not specify explicitly that these offences constitute rape and they carry lesser penalties than those defined as such in it. -
Serial Murder: a Four-Book Review by J
The Journal of PsychiatP/& Law/ÿpdng 1989 Serial murder: a four-book review by J. Reid Meloy, Ph.D. Serial Murder, by Ronald Holmes and James De Burger (Newbury Park: Sage Publications, 1988), 155 pp., $27.50. The Lust to Kill: A Feminist Investigation of Sexual Murder, by Deborah Cameron and Elizabeth Frazer (New York: New York University Press, 1987), 177 pp., $35.00. Compulsive Killers: Tile Story of Modern Multiple Murder, by Elliott Leyton (New York: New York University Press, 1986), 298 pp., $24.95. Mass Murder: America's Growing Menace, by Jack Levin and James Fox (New York: Plenmn Press, 1985), 233 pp., $16.95. For murder, though it have no tongue, will speak With most miraculous organ. Hamlet The act of murder--the willful killing of one human being by another--is a major public health problem in the United States. One person in 10,000 will be murdered this year, and the probability of being murdered dramatically increases if one is young, black, male, poor, uneducated, and living in an urban area in the West or South.' A peculiar and frightening new form of murder, however, is becoming apparent: the purposeful killing of strangers, usually one at a time, over an extended period of time. This phenomenon, called serial murder to describe its distinctive AUTIIOR'S NOTE: Please address correspondence to 964 Fifth A re., Suite 435, San Diego, CA 92101. Telephone: (619) 544-1435. © 1990 by Federal Legal Publicatiolts, htc. 86 BOOK SECTION temporal sequence, was rarely chronicled from post-World War I until 1960, with each decade producing one or two cases. -
The American Felony Murder Rule: Purpose and Effect
The American Felony Murder Rule: Purpose and Effect Daniel Ganz 21090905 UC Berkeley, Spring 2012 Legal Studies Honors Thesis Supervised by Professor Richard Perry Ganz 1 I. Abstract Most US states have a felony murder rule, which allows prosecutors to charge felons with murder for any death that occurs during and because of the commission of the felony. This allows the felon to be convicted with murder without requiring the prosecution to prove the mens rea that would otherwise be necessary for a murder conviction. Much of the legal scholarship indicates that the purpose of the felony murder rule is to deter felonies and to make felons limit their use of violence while they're committing the felony by making the felon internalize more fully the negative consequences of their actions. It's unclear whether legislatures that adopt felony murder rules are more concerned with deterring criminal behavior or making criminals less violent when committing felonies. We analyze judicial decisions to infer what judges believed were the intentions of the legislatures that adopted felony murder statutes. We also use regression analysis to determine whether felony murder statutes are correlated with lower crime rates or lower rates of the average number of deaths that occur during felonies. We do this both by modeling felony rates and rates of felony- related deaths as a function of whether a state has a felony murder rule, and by determining how felony rates and rates of felony-related deaths change when a state adopts or abolishes a felony murder rule. Our results indicate that the felony murder rule does not have a significant effect on crime rates or crime-related death rates. -
Criminal Law - Felony-Murder - Killing of Co- Felon William L
Louisiana Law Review Volume 16 | Number 4 A Symposium on Legislation June 1956 Criminal Law - Felony-Murder - Killing of Co- Felon William L. McLeod Jr. Repository Citation William L. McLeod Jr., Criminal Law - Felony-Murder - Killing of Co-Felon, 16 La. L. Rev. (1956) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol16/iss4/21 This Note is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. LOUISIANA LAW REVIEW [Vol. XVI Orleans is denied constitutional jurisdiction to establish paternity in civil cases as well as in prosecutions under R.S. 14:74 by the present decision, a constitutional amendment will be neces- sary if it is desired that the juvenile court exercise jurisdiction over such cases.24 Regardless of whether an adequate civil rem- edy is provided or the criminal procedure is revised to meet the Supreme Court's objection, it is important that some procedure be made available to impose the burden of supporting the illegitimate offspring of known fathers on those parents rather than on a welfare agency of the state. Jack Brittain CRIMINAL LAW - FELONY-MURDER - KILLING OF CO-FELON In the retreat from a store at which they had committed armed robbery, two felons were pursued by the proprietor, who fatally shot one of them. The surviving felon was indicted under the felony-murder statute. The lower court sustained the de- fendant's demurrer to the evidence, and the Commonwealth ap- pealed. -
Chapter 11: Homicide
Chapter 11: Homicide Chapter Overview: Chapter eleven discusses the fourth category of crime against the person, criminal homicide. This is considered to be the most serious of all criminal offenses. There are four different types of homicide: justifiable homicide, excusable homicide, murder, and manslaughter. Criminal homicide is divided into murder and manslaughter, with the distinction being the presence or lack of malice. Murder can include a broad group of crimes, such as depraved heart murders, which is a killing caused by an extreme level of negligence on the part of perpetrator, and felony murder, which is killing that takes place during the course of another felony crime. There are also separate distinctions within the terms murder and manslaughter that serve to identify different levels of crime. Manslaughter is divided into voluntary and involuntary manslaughter. Voluntary manslaughter involved a heat-of-the-moment decision made without malice. Involuntary manslaughter results from a criminal degree of negligence and in some states, like Florida, can also include categories like vehicular manslaughter. Murder is also divided into two categories: first-degree murder and second-degree murder. The distinction between the two that makes first-degree murder the most serious is that it includes premeditation and deliberation. This means that the perpetrator took time to consider his or her decision to commit the act for some length of time prior to the murder. This chapter also addresses important questions such as when human life begins and ends. Due the limits of medical science, common law utilized the rule that a person could not be criminally responsible for the murder of a fetus unless the child is born alive. -
Shadow NGO Report on Turkey's First Report on Legislative and Other
Shadow NGO Report on Turkey’s First Report on legislative and other measures giving effect to the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence for submission to the GREVIO Committee September 2017 Prepared by: Purple Roof Women’s Shelter Association, Foundation for Women’s Solidarity Women’s Solidarity Foundation Women for Women’s Human Rights – New Ways (WWHR) Equality Monitoring Women’s Group Association for Women with Disabilities Kaos Gay and Lesbian Cultural Research and Solidarity Foundation Association for Struggle Against Sexual Violence Endorsed by: Istanbul Convention Monitoring Platform1 - 1 The list of the 81 Members of İstanbul Convention Monitoring Platform can be found at Annex 1. 1 Foreword This shadow report was prepared in collaboration with women’s organizations in Turkey for the evaluation of the implementation of Istanbul Convention in Turkey by GREVIO committee this year. The report was drafted by 8 and endorsed by 81 women’s and LGBTIQ organizations to outline the emerging issues related to violence against women and the defects and malpractices with regards to the implementation of the Convention. Under the coordination of Purple Roof Women’s Shelters Association, we first started to come together to share tasks and agree on the time plan in order to prepare the report till the end of May, which was the deadline for the submission of the state report. However, as we found out later, Turkey delayed the submission till July without informing the CSOs, thus we had to decide to proceed to draft the NGO report without seeing the state’s report. -
To: UN Special Rapporteur on Violence Against Women, Its Causes and Consequences
To: UN Special Rapporteur on violence against women, its causes and consequences By email: [email protected] Input by the Netherlands Institute for Human Rights in response to the Call for femicide related data and information Dear Ms. Simonovic, Please find below the answers to the questions raised in your questionnaire. Text from the questionnaire In order to further the collection of information on prevention activities, including through the collection of data on femicide or gender-related killings of women, the Special Rapporteur kindly seeks the continued support of States, National Human Rights Institutions, civil society actors, international organizations, academics and other stakeholders to provide data on: a) The existence of, or progress in, the creation of a national femicide watch and/or observatory on violence against women, or any plans to do so. Reply: There is no national femicide watch or observatory on violence against women. Neither is there an observatory on violence against women. The implementation of the Convention of Istanbul by the Netherlands was recently evaluated by GREVIO. The government is currently preparing its response to this evaluation. GREVIO’s recommendations to the government concerned the need to enhance coordination of policies on violence against women and to improve data collection. We are therefore awaiting the government’s response to these recommendations. b) Other measures or research and studies undertaken to prevent femicide or gender related killings of women, or homicide of women, by intimate partners or family members. We are not aware of research aimed specifically at the prevention of femicide or gender related killings of women in general.