Some criminal law
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- This topic has 21 replies, 12 voices, and was last updated 11 years, 10 months ago by Health.
May 12, 2011 10:46 pm at 10:46 pm #596862
(I will leave out the hard stuff)
-What is the difference between murder and manslaughter?
-What iss the difference between homicide and criminal homicide?
-The essential elements of murder
-Difference between first and second degree murder
-Difference between robbery and larceny
Should I post the answers or leave it up to people to figure out?
PLEASE DO NOT USE TRY GOOGLING THE ANSWERS.
SEE WHAT U ACTUALLY KNOWMay 12, 2011 11:06 pm at 11:06 pm #766589always hereParticipant
*sits on hands.. too tempted to google* 😉May 12, 2011 11:25 pm at 11:25 pm #766590am yisrael chaiParticipant
I’ve been a juror in criminal cases in the past…
The biggest difference between murder and manslaughter is the intention in the mind of the killer. Murder is when the perpetrator successfully kills someone, whereas manslaughter is a terrible outcome of an unintentional action. (there is unintentional & intentional manslaughter, but that’s not part of the question posed)
First degree murder is premeditated.
Justifiability is the difference between criminal homicide and homicide (self-defense, etc.)May 12, 2011 11:39 pm at 11:39 pm #766591
It really depends on the state, since criminal law is mostly statutory.
But, here are some generalizations. (I did not google).
Murder, like all crimes, is composed of an actus reus (the act), and a mens rea (the thought).
In common law, murder is “An unlawful killing, with malice aforethought”.
This translates into:
Actus reus- killing which is caused by your actions or inactions which you are responsible for.
Mens rea- one of the following:
Knowing you are killing, or
Knowing you are grievously injuring, or
Acting with extreme recklessness towards someone dying, or
Knowing you are killing or grievously injuring someone else, or
Commiting a felony (only a dangerous one)
Manslaughter, is the same act, but has a lower mens rea. Manslaughter in common law requires only recklessness, or some call it criminal negligence. Or, the commission of a misdemeanor.
Homicide is any killing which is illegal. Criminal homicide sounds like a statutory term, which is used to differntiate among homicides.
First degree and second degree are statutory inventions, and usually depend on factors like, premeditation, the weapon used, what other crimes were being committed, and things like that.May 12, 2011 11:52 pm at 11:52 pm #766592HomeownerMember
stickynote, what makes you think you are qualified to grade the answers to your question?May 13, 2011 12:52 am at 12:52 am #766593
Homeowner: I don’t mean to be rude..It is simple. If I asked the questions obviously I know the answers. You want me to list my credentials..which schools I went to and ect..
Sorry, Im not giving myself away.
This was supposed to be a fun excercise for people to test their knowledge.No big deal.May 13, 2011 12:58 am at 12:58 am #766594
stickynote = Law StudentMay 13, 2011 1:07 am at 1:07 am #766595
Sacrilege:Did I graduate yet? 🙂May 13, 2011 1:27 am at 1:27 am #766596
Probably not.May 13, 2011 1:31 am at 1:31 am #766597
Methinks he is a 1L, who just took his Criminal law exam today.May 13, 2011 1:38 am at 1:38 am #766598
Sacrilege: Incorrect..I am done!May 13, 2011 1:47 am at 1:47 am #766599
Studying for the Bar?May 13, 2011 2:01 am at 2:01 am #766600shlishiMember
Hmm, how did a law student have “boring Sundays” all while “working the whole week”??:
http://www.theyeshivaworld.com/coffeeroom/topic/boring-sundaysMay 13, 2011 12:44 pm at 12:44 pm #766602
Shlishi: Sorry, ever heard of online/ distance learning school? Yes you can work the whole week while juggling full time school, and therefore being on top of the situation to make your sundays free..(although you hardly have time to breathe).
Homeowner: So just look in the CPL and Penal code for NY.May 13, 2011 3:54 pm at 3:54 pm #766604tomim tihyeMember
Sticky, did you really take an entire semester online? Where was that, Cordoza?May 13, 2011 3:57 pm at 3:57 pm #766605YW Moderator-80Member
this is a lighthearted thread
no need for anyone to pull rank
no one has to give or defend any credentials
if any lawyers here are offended by the loosness or innacuracy of the discussion, then just dont read itMay 13, 2011 4:08 pm at 4:08 pm #766606
How about me? Do I get your haskama?May 13, 2011 4:19 pm at 4:19 pm #766607adorableParticipant
manohman- I thought you were part of the night coffeeroom- never seen you here before during the day…welcome in!May 13, 2011 6:50 pm at 6:50 pm #766608
Moderator-80: THANK YOU! WELL SAID.May 13, 2011 10:56 pm at 10:56 pm #766609HomeownerMember
moderator-80, I am reminded of you declaring your own credentials in a different field. Criminal law is not “light-hearted” and there are too many in our community who have learned this the hard way.
Good Shabbos!May 13, 2011 11:26 pm at 11:26 pm #766610double standardMember
Can someone tell us the history and evolution of New York’s depraved indifference law?May 15, 2011 3:49 am at 3:49 am #766611HealthParticipant
I’m no lawyer, but let’s test the lawyers and everyone else (since this a fun game).
Does NJ have misdemeanors -like felonies & misdemeanors?
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