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Posts
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(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 KNOW
*sits on hands.. too tempted to google* 😉
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.)
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.
stickynote, what makes you think you are qualified to grade the answers to your question?
stickynote = Law Student
Probably not.
Methinks he is a 1L, who just took his Criminal law exam today.
Studying for the Bar?
Hmm, how did a law student have “boring Sundays” all while “working the whole week”??:
http://www.theyeshivaworld.com/coffeeroom/topic/boring-sundays
Sticky, did you really take an entire semester online? Where was that, Cordoza?
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 it
Homeowner:
How about me? Do I get your haskama?
manohman- I thought you were part of the night coffeeroom- never seen you here before during the day…welcome in!
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!
Can someone tell us the history and evolution of New York’s depraved indifference law?
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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