30
california
You intended to kill them, you killed them, that's murder
California Penal Code Section 187(a):
Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
California Penal Code Section 188(a)(1):
Malice is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature.
...
16
This reflects a typical division of labor. Normally, the Department of Justice investigates civil rights violations, which it has a division set up to do, while local authorities handle ordinary homicide charges arising (in this case) under the D.C. Code (as another answer notes, this instance didn't obviously fall under Congressionally enacted federal ...
16
That’s murder
new-south-wales
Crimes Act 1900 s18:
Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to ...
16
england
You're describing a murder
In English Law, the act of running from an attacker would be entirely within the realms of 'causation' (e.g. the attack caused them to escape) and is explicitly called out in case law as one of the things that an attacker would expect their victim to do in self-defence, hence remaining part of the attacker's responsibility.
...
10
The answer is going to depend on what jurisdiction you're talking about. But I can give you some general principles that apply, in most cases, in the U.S. at least.
"Homicide" is a general term for the killing of one person by another. If someone died, and another person caused it, it's homicide.
"Murder" and "manslaughter" are specific crimes, usually now ...
8
This will depend upon the legality of your actions so far, and how closely they are related to the death.
For instance, if you were chasing that person with the intent to kidnap them, torture and then kill them, it’s going to be murder because you are committing a crime and they die because of that.
If instead, you called and invited them to your house with ...
7
You have asked about "United Kingdom", but I can only answer about England and Wales; the law in Scotland is very different (rather more different in some respects than the difference between E&W and the State of New York).
There is no time limit per se on manslaughter charges; if the police find evidence for a manslaughter charge after 80 years, there ...
5
As you describe it, the survivor knows that the action will result in death, and premeditatedly undertakes the action. So we turn to the murder statute in that (unspecified) jurisdiction, which will be like this:
A person is guilty of murder in the first degree when: (a) With a
premeditated intent to cause the death of another person, he or she
causes ...
5
The distinction is a question of culpability, not just the harm caused.
The law, at least in the criminal law context, is not fundamentally consequentialist in its philosophy. The end consequence of an act for which someone is at fault in some way isn't the only thing that matters in criminal law. Instead, there is basically a two dimensional grid.
On one ...
4
Normally, making a poison is not in and of itself a crime. If a third party took the poison from the person who manufactured it without their knowledge, the manufacturer would generally not have criminal liability, at least in the absence of "gross criminal negligence" such as leaving the poison manufacturing location totally unsecured and letting people ...
4
Murder is intentional and premeditated killing. Manslaughter is also criminal killing but is not murder, because it is not premeditated e.g. someone comes home and discovers the spouse in bed with someone else, and "kills." That's voluntary manslaughter. Homicide is killing, criminal or not, so "self defense" or accidental killing is homicide. All murder and ...
4
When it is a mistake of memory, and not intentional (as this question is asking), there are no clear standards, and it is largely up to prosecutorial discretion. This means that whatever factors affect prosecutorial discretion (such as the prosecutor knowing who they have to work with on other days) can become significant in the determination.
A ...
4
For the same reason that double parking isn't
They are different offences for which the community, through its political and legal systems, have decided deserve different punishment under the law.
For a multitude of reasons, society holds a person who plans a killing in cold blood and then puts that plan into operation more culpable that a person who kills ...
4
Manslaughter or Negligence -does not inform all risks in surgery which results in death of a patient
I don't think that simply failing to make a sufficient explanation of the risks would make a death manslaughter. Three would have to have been serious negligence in addition, rather beyond the level needed to find malpractice, as I understand the matter.
Law.com says that:
Voluntary manslaughter includes killing in heat of passion or while committing a ...
4
The investigation did not focus on homicide, because that is a cause of death, not a criminal offense. As you noted, the fact that Ms. Babbit's death was a homicide has already been established.
DOJ cannot invoke the manslaughter statute (nor the murder statute at 18 USC 1111) because those statutes only apply to offenses committed in the "special ...
4
Most likely, they chose enough victims to ensure a long prison term while having plenty of additional victims to charge if something went wrong at trial. Plus limiting the number of victims limits the amount of repetitive testimony and evidence the prosecutors had to introduce proving the death of each victim.
If you charge with 19 counts when there are 492 ...
4
No
In many but not all common law jurisdictions, a person who comitts an "inherently dangerous" crime can be found guilt of "felony murder" (not manslaughter).
The Wikipedia article says:
In most jurisdictions, to qualify as an underlying offense for a felony murder charge, the underlying offense must present a foreseeable danger to life,...
4
Your question is honestly pretty long and complex. For the first part, i.e. why were the §242 charges dropped... (without 2nd guessing the prosecution here), that's actually (by far) the most common outcome, statically speaking. Here are some (nation-wide) stats; basically §242 charges are only pursued in about 3% of the cases referred to the DOJ (by the FBI)...
4
What you describe could be construed as felony murder in it is a death that happened during the committing of a felony. You were in the process of assaulting the victim and then he slipped and hit his head against a rock and died from that. In some states felony murder carries the death penalty like Nevada for instance. Intentions are pretty clear, you don't ...
4
Also in English Law, the rule is, if you intended serious harm to a person, and a person dies because of it, that's murder. This definition means that:
You didnt need to intend their death. Its enough to prove you intended to do them serious harm, and they died as a result of what you did. That's murder.
It doesnt have to be the same person. If you ...
3
Most states have a low barring the distribution of counterfeit drugs, which this would appear to violate. For example, the Colorado Imitation and Counterfeit Controlled Substances Act, codified at Sections 18-18-419 to 18-18-424, Colorado Revised Statutes, makes it a minor drug felony (class 4) to distribute an imitation controlled substance which is "a ...
3
No.
It would not meet the criteria for "unlawful act manslaughter" per the CPS Guide for Crown Prosecutors:
The offence is made out if it is proved that the accused intentionally did an unlawful and dangerous act from which death inadvertently resulted.
This is because there's no unbroken chain of causation.
Let's walk through each element.
1. An ...
3
It depends on the law
For example, the NSW Crimes Act 1900 s18 defines murder and manslaughter:
(1)
(a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous ...
3
In Guam,
Any person who is an expert in the art of karate or judo, or any
similar physical are in which the hands and feet are used
as deadly weapons, is required to register with the Department of
Revenue and Taxation
but
This Chapter shall not apply to duly authorized and appointed peace
and law enforcement officers, nor to ...
3
There are many factors that determine whether charges are brought (not just for negligent homicide). One pertains to jurisdiction: if there is a difference in the statutes of two states, you will get different likelihoods of prosecution. The second pertains to prevailing case law, that is, how the courts interpret the words of a statute. The third is the ...
3
Astronauts are employees of the government and are thus barred from suing in lieu of receiving the government equivalent of worker's compensation. This wouldn't bar a suit against a third-party contractor who made a defective product, but I suspect that their contracts contain a waiver of liability for negligence or defective products given that this is ...
2
The name given to different grades of homicide offenses differs considerably from state to state. Colorado, whose penal code is based loosely on the Model Penal Code, does not have an offense called "involuntary manslaughter" and the definition of "involuntary manslaughter" would not be uniform from state to state that does use that term, although there ...
2
It would not matter. Alabama is a state with a fetal homicide law, where killing a fetus is legally the equivalent of killing a person (there is an exception for doctors). In this case, the government is relying on the definition of homicide where one "intentionally, knowingly, recklessly or with criminal negligence causes the death of another person". That ...
2
In the U.S. (as well as most Common Law jurisdictions the world over) there is no "Duty To Rescue" that is universal to all cases. Such a duty only arises under certain conditions specific to the nature of the incident and include:
When the person creates a hazardous situation (I.E. In a car accident, regardless of fault, both drivers have a duty ...
2
Few words in front: Homicide. What is homicide for this analysis?
the killing of a human being due to the act or omission of another. Included among homicides are murder and manslaughter, [...]
To he actual questions!
Alice tells Bob that PurpleVaccine will kill 90 of 100 people and scares him so he does not get PurpleVaccine.
This could only give rise ...
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