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Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.
Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
Most jurisdictions in the United States of America maintain the felony murder rule. In essence, the felony murder rule states that when an offender kills in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. It means that the common law malice required for murder is "implied as a matter of law for homicides arising from felonies." It is a widely criticized feature of American criminal law. Initially, it was widely believed by scholars that the felony murder rule had originated in England. However, more recent scholarship has argued that it likely originated in the United States, separately from England. Its historic roots have been called "deep but terribly obscure".
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.
Philippine criminal laws is the body of law which defines crimes, and prescribes the penalties thereof in the Philippines.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution. Generally there are two systems of criminal law to which a person maybe subject; the most frequent is state criminal law, and the other is federal law.
Murder in Pennsylvania law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Pennsylvania.
Murder in Ohio law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Ohio.
Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.
Special circumstances in criminal law are actions of the accused, or conditions under which a crime, particularly homicide, was committed. Such factors require or allow for a more severe punishment.
The Anti-Terrorism Act of 2001 is a New York criminal law passed in the wake of the September 11, 2001, terrorist attacks, that created a new section of the New York Penal Code for terrorism-related crimes, Article 490. The bill was introduced in a special session of the New York State Legislature on September 17, 2001. It was passed by overwhelming majorities of both houses and signed into law by Governor George Pataki the same day.
Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.
Murder in Delaware law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.
Murder in Indiana law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Indiana.
Murder in Minnesota law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.
References
- ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved March 15, 2023.
- ↑ "New York First Degree Murder Laws". FindLaw. Retrieved June 29, 2023.
- 1 2 3 "New York State Penal Law – Felony Classes Sentences | NY Law". ypdcrime.com. Retrieved June 29, 2023.
- 1 2 3 "Article 125 | NYS Penal Law". ypdcrime.com. Retrieved June 29, 2023.
- ↑ "New York Second Degree Murder Laws" . Retrieved June 29, 2023.
- 1 2 § 125.25 Murder in the second degree.
- ↑ McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research. 13 February 2008.