Some legal confusions were caused by the attempt of the past legislators to classify all offenses, omissions and infractions.
Every case now that will be tried shall, indeed, suffer the delays in the argument of classifying such a case for the application of a particular legal remedy.
Nice question! It even puzzled the students of law, the advocates and including the justices..
2007-12-17 17:23:51
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answer #1
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answered by pwd.alforque 2
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I agree that your question is not clear. Are you asking a question on whether or not a second degree murder charge for a vehicular accident is too harsh?
Second-degree murder, which does not require proof of premeditation, carries a sentence of 15 years to life for each count.
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MURDER, SECOND DEGREE - In order for someone to be found guilty of second degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. Note that the elements are identical with those for 1st degree murder. The practical difference is the sentences are different (http://www.lectlaw.com/def2/m054.htm)
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2007-12-18 01:51:28
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answer #2
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answered by QuiteNewHere 7
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HOMICIDE is the taking of one man’s life by another for any reason. It includes both acts that are crimes (murder and manslaughter), and those that are not crimes, such killing in self-defense, killing an enemy combatant in time of war, killing under the influence of specified mental illness, or killing a careless child who jumps in front of your moving vehicle while driving legally and safely.
http://dictionary.reference.com/browse/homicide
MANSLAUGHTER is an unlawful homicide “without malice aforethought,” or “the unlawful killing of one human by another without express or implied intent to do injury.” The key element of this crime is that somebody else died accidentally as the direct result of the commission of a dangerous crime such as arson or drunk driving.
http://dictionary.reference.com/browse/manslaughter
MURDER, according to the dictionary is “the killing of another human being [homicide] under conditions specifically covered in law. In the U.S., special statutory definitions include murder committed with malice aforethought, characterized by deliberation or premeditation, or occurring during the commission of another serious crime, [such] as robbery or arson (first-degree murder); and murder by intent but without deliberation or premeditation [second-degree murder]” The essential elements of murder is that it be deliberate and illegal. It is FIRST DEGREE when premeditated and executed in cold blood. It is SECOND DEGREE when it is not premeditated and done in a state of rage.
http://dictionary.reference.com/browse/murder
2007-12-18 02:54:08
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answer #3
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answered by Yaybob 7
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It's the first one, the "heat of passion" is second degree murder. the second one you listed would be manslaughter 1st degree
2007-12-18 01:18:50
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answer #4
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answered by Anonymous
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So, what is your question?
2007-12-18 01:14:43
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answer #5
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answered by DaveNCUSA 7
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