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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. -
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. -
A Thematic Reading of Sherlock Holmes and His Adaptations
University of Louisville ThinkIR: The University of Louisville's Institutional Repository Electronic Theses and Dissertations 12-2016 Crime and culture : a thematic reading of Sherlock Holmes and his adaptations. Britney Broyles University of Louisville Follow this and additional works at: https://ir.library.louisville.edu/etd Part of the American Popular Culture Commons, Asian American Studies Commons, Chinese Studies Commons, Cultural History Commons, Literature in English, British Isles Commons, Other Arts and Humanities Commons, Other Film and Media Studies Commons, and the Television Commons Recommended Citation Broyles, Britney, "Crime and culture : a thematic reading of Sherlock Holmes and his adaptations." (2016). Electronic Theses and Dissertations. Paper 2584. https://doi.org/10.18297/etd/2584 This Doctoral Dissertation is brought to you for free and open access by ThinkIR: The University of Louisville's Institutional Repository. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of ThinkIR: The University of Louisville's Institutional Repository. This title appears here courtesy of the author, who has retained all other copyrights. For more information, please contact [email protected]. CRIME AND CULTURE: A THEMATIC READING OF SHERLOCK HOLMES AND HIS ADAPTATIONS By Britney Broyles B.A., University of Louisville, 2008 M.A., University of Louisville, 2012 A Dissertation Submitted to the Faculty of the College of Arts and Sciences of the University of Louisville in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Humanities Department of Comparative Humanities University of Louisville Louisville, KY December 2016 Copyright 2016 by Britney Broyles All rights reserved CRIME AND CULTURE: A THEMATIC READING OF SHERLOCK HOLMES AND HIS ADAPTATIONS By Britney Broyles B.A., University of Louisville, 2008 M.A., University of Louisville, 2012 Dissertation Approved on November 22, 2016 by the following Dissertation Committee: Dr. -
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. -
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 ................................................................................... -
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? . -
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. -
Criminal Violence
If you have issues viewing or accessing this file contact us at NCJRS.gov. '~~-,-,--~-~ ~,-- - ~~,-,,---- --~--------'-- .._--. • "'1Q.' • U. S. Department of Justice National Institute of Justice "I National Criminal Justice Reference Service ,\\ 1,-_________~-----------'--------------~------I nC)rs CriminalQ Violence Psychological Correlates This microfiche was, produced from documents received for inc:;!usion in the NCJRS data base. Since NCJRS cannot exercise cdntrol over the physical condition of the ,documents submitted, and Detenninants the individual frame quality will vary. The resolution chart on (j this frame may.be used to evaluat~ the document quality. '" .:.::';; . • ~ -, +<' ~ - "",., !' I, ~ 2 f 11111 ,8 1~112,5 I, 1.0 ~ t~~\ ~ ~~ 2 I!:i. r U ~ I~ I U.I w &g r:- ; 1.:1. I 1.1 ........ ~ i - r ",,",' ti 1\ I, JIIIII.25 I 111111.4 11111,·6 ;. () ,t . t I ','I \. U.S. Department of Justfce 82687 o Natfonallnstitute of Justice MICROCOPY RESOLUTION TEST CHART I'J NATIONAL BUREAU OF STANDAliDS-1963-A This document has been reproduced exactly as received from the .' person or organization originating it. Points of view or opinions stated in this document are those of the"authors and do not necessarily I,; represeot the Qlflcial position or pOlicies of the National Institute of Justice. Permission to reproduce this eO!,)1 ighlE!O material has been granted by - Cl Public Domain/LEAA Microfilming procedures used to create this fiche Gomply with<- National Institute or Justice the standards set forth in 41CFR 101-11.504. .- () ." '''~ to the National Criminal Justice Reference Service (NCJRS). • if Further reproduction outside of the NCJRS system requires permis- sion of the cepyrigtrt owner. -
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.