islenska` 30.03.06 Life isn't always right_____
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Tuesday, July 04, 2006

due to my poor blogging skills, i'm just gonna ramble on here regarding the actual proceedings and charges in a court. was searching for it w jiesi together in e school library. =p was thinking if we are gonna do it might as well make it as 'real' as possible...

Homicide is e killing of one human being by another. if it is not excusable or justifiable, it is called criminal homicide and that is divided into murder and manslaughter.

First-degree murder includes notions of ... ...
1. malice aforethought = the intent to cause death or serious harm
2. deliberation = refers to a full and conscious knowledge of the purpose to kill, suggesting that the offender has considered the motives for the act and its consequences
3. Premeditation = refers to a design or plan to do sth b4 it is actually done
it is a conscious predecision to commit the offense even though such a decision may only occur moments before the final act

second-degree murder refers to instances of criminal homicide committed with malice aforethought but w/o deliberation and premeditation. murders of tis type are often the impulse killings that occur among members of a family, or lovers, often as the outgrowth of an argument or difference of opinion. it is the spur-of-the-moment episode that occurs w/o planning or full consideration.

manslaughter is charged when a killing occurs under circumstances not severe enough to constitute murder but nevertheless beyond the defenses of justifiable or excusable homicide. it does not implies malice.

voluntary ms refers to intentional killings committed in the abs of malice and premeditated design. its essential elements include a legally adequate provocation resulting in a killing done during the heat of passion. thus, if 2 persons bcome involved in a quarrel and one kills the other, the offender can be charged with voluntary ms.

involuntary ms exists when a a death results unintentionally as e consequence of some unlawful act or thru negligence, e.g. under e influence of alcohol.

will update e trial process and assault by tmr. need to finish some cca stuff.

ruiz

Grace Rays went the right way at || 11:24 pm

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