voluntary and involuntary manslaughter?
Voluntary manslaughter refers to a situation where the defendant committed an unlawful homicide with criminal intent or malice aforethought, while involuntary manslaughter refers to a scenario where a defendant has committed an unlawful homicide but without the requisite criminal intent. Instead of malice, the intent required for involuntary manslaughter is either recklessness or criminal negligence. ecklessness involves a blatant disregard for the dangerousness of a situation. Criminal negligence can encompass a wide variety of scenarios, but basically involves either extreme carelessness or incompetence. In fact, criminal negligence can be very fact-specific, because the carelessness or incompetence of a defendant may depend largely upon that defendant's personal background. For example, professionals are held to a different standard than non-professionals. The Court of Criminal Appeal determined gross negligence involuntary manslaughter involved a defendant with a duty to the deceased, a breach of that duty, the breach of the…...

mla

References

R v Ahluwalia (1993) Crim LR 63.

R v Bateman (1925) 19 Cr App R. 8.

Coroners and Justice Act 2009

E.G. Royley's case (1612) Cro. Jac. 296; 79 ER 254.

The benefit of creating the term at this point is that lawmakers and prosecutors and defense lawyers will all be aware of the growth of the term as it moves through the judicial birth canal and is delivered in its full meaning, with all its parts in working order and ready to be tested at trial.
Draft Corporate Manslaughter Bill

Important as the corporate manslaughter bill is to many people, it seems to receive much more talk than action. In 2005, Prime Minister Tony Blair promised to make the corporate manslaughter bill a priority, and that they would ensure it reached the statute books by 2007. The bill itself provides some of the parts need to make the overall concept of corporate manslaughter work, such as providing definition to certain corporate figure, like who is a Chairman, Managing Director, Chief Executive or Secretary of the Company. The Bill makes possible prosecution…...

mla

Works Cited

Allen, Michael J. 2005 Textbook on Criminal Law. Oxford: Oxford University Press,  http://www.questia.com/PM.qst?a=o&d=5001387647 

Bergman, David. "Bosses Get Away with Murder." New Statesman 6 Nov. Questia. 12 Apr. 2007

homicide, according to the New York Homicide Statute, that the defendant Olive Oyl can be convicted of is 1st Degree Manslaughter (125.20). The element of this offense is that the defendant exercised the intent to cause serious physical injury to the victim Bluto when she gave a severe blow to the latter's head with a piece of lumber. The penalty for this offense is to serve between a minimum of 5 and a maximum of 25 years in jail.
The 2nd Degree Manslaughter (125.15) offense does not apply here because the defendant did not recklessly behave in causing the victim's death. Her action indicates that by reaching for the piece of discarded lumber, she had the clear intent of harming the victim. However, she did not have the intent to kill him, only to hit him just enough so as to force him to stop beating up the third person…...

This was due to the fact that defense attorneys often attempted to prove consent by showing that a victim did not resist the assault or had a sexual history suggesting that she would have consented to the sexual contact. Now, N.J.S.2C:14-2 no longer contains a requirement that the perpetrator overcame a resisting victim. Instead, in cases of forcible rape, the Code simply requires that the defendant: committed the assault during the course of certain specified felonies (N.J.S.2C:14-2(a)(3); was armed or seemed to be armed (N.J.S.2C:14-2(a)(4); acted with another and used physical force or coercion N.J.S.2C:14-2(a)(5); used physical force or coercion N.J.S.2C:14-2(a)(5) and -(1); the victim is physically or mentally incapacitated N.J.S.2C:14-2(a)(7). Therefore, the Code names a variety of situations where sexual intercourse between a victim and a defendant is rape, without evidence of any type of coercion.
Maria, a single mother, goes on her third date with John. They return…...

difficult conflicts anyone in the legal profession can experience is a conflict between ethics and the obligation to zealously represent one's client. No where is this tension more apparent than in a situation where one obtains privileged information belonging to the opposing party. here are three options facing a legal professional confronted with such a situation; using the privileged information without notifying the opposing party how it was obtained, notifying the court and opposing counsel that privileged information has been obtained and that one intends to use it, or not using the privileged information. None of the solutions is perfect, but only one solution allows a paralegal to reconcile ethical obligations with the duty to zealously represent the client; informing the court that privileged information has been obtained and will be used.
If a paralegal uses the privileged information without informing the opposing party of their mistake, the paralegal has…...

mla

The second most authoritative resource would be the 1990 Kansas Court of Appeals decision, with facts similar to the client's facts, in which the defendant was found guilty of manslaughter (lesser offense). Unless there have been major changes in the legislation or the interpretation of the legislation, such decision would help the court determine how prior courts have decided to interpret the statutes in question. Learning the reasoning behind the 1990 decision would help the court decide why it should choose not to follow the third most authoritative resource, which would be the 1980 Kansas Supreme Court decision, with facts similar to the client's facts, in which the defendant was found guilty of murder. Any state Supreme Court decision interpreting a state statute that has not been overruled would usually be the most authoritative resource; however, the passage of time, and a contrary Court of Appeals decision indicate that the courts have chipped away at the reasoning behind the 1980 case.

In order to support the claim that changing theories of law or views in society account for the differences in the 1980 and 1990 results, I would then turn to the fourth, fifth, and sixth most authoritative resources. The fourth most authoritative resource is the case is the article from American Jurisprudence, 2d, explaining the differences between murder and manslaughter cases. This is authoritative because it attempts to capture the essence of the difference between murder and manslaughter, from the point-of-view of America as a whole. To support the conclusions drawn in the article, I would suggest the fifth most authoritative resource: the 1989 law review article that surveys all of the murder statutes in all the 50 states. Although Kansas can choose to define murder and manslaughter differently than they are defined by other states, it is likely that the court will look at what other states are doing, in order to determine the difference between manslaughter and murder. To shore up that argument, I would provide the sixth most authoritative resource: the Illinois Supreme Court position. Illinois is only one state, and therefore its decision is less authoritative than a survey of the position of the various states. However, due to its proximity to Kansas, what is happening in Illinois may actually be more likely to convince the court than the resources that should be considered more authoritative.

Finally, if there were jurisdictional or procedural l issues or questions, I would present the information from the A 2004 Kansas supreme Court decision on breach of warranty in automobile sales. While a recent state Supreme Court decision would generally be considered more authoritative than the other sources listed, the fact that the decision appears to have little to do with the topic of murder or manslaughter indicates that it is not very authoritative. However, if the client were charged with murder based on a breach of an automobile warranty, or other issue that played a prominent role in the 2004 Kansas Supreme Court decision, I would actually choose to present that decision as the most authoritative.

People of the State of California v. Conrad obert Murray
The involuntary manslaughter trial of Michael Jackson's personal doctor, Conrad Murray, was in the news seemingly every day for months. Even though the trial has concluded and the world knows that Dr. Murray was found guilty, it is important to look at the court proceedings and how the evidence led the jury to that verdict. Dr. Murray administered a powerful drug called propofol - an anesthesia drug that is only supposed to be used in closely monitored hospital settings - to Michael Jackson to help him sleep.

The argument by the prosecution was that Dr. Murray did this even though he knew the dangers, and that he administered too much of the drug to Jackson, resulting in a fatal overdose. At that point, Murray did not act quickly enough in calling the paramedics and did not do enough to save Jackson's life.…...

mla

References

Kepner v. United States, 195 U.S. 100 (1904).

Neubauer, D.W. & Fradella, H.F. (2010). America's courts and the criminal justice system, 10th ed. New York: Wadsworth.

People v. Broussard, 76 Cal.App.3d 193, 197 (1977).

father's death and her father requesting that treatment be accorded him so that he speedily is delivered from his pain, Ms. Wolf is faced with the dilemma of whether or not to accede. Always a staunch opponent of any euthanasia-assisted program, she realized that the choice was not so simple and that sometimes suicide or euthanasia exists in the gray zone.
Ultimately, nature, as she puts it, helped her out and her father lingered on long enough to enjoy his last remaining moments with her and die comfortably and at peace.

In those last few hours, she sang to him, reminisced about his time with her, they shared loving and tender recollections (he moved his jaw three times inferring that he loved her); the father had a chance to see his other loved ones and his death was more of a closure. More so, during that period of time, he for…...

mla

Sources

Hare, R.M. Moral Thinking, U.K: Oxford, 1981.

Kant, I. Groundwork for the metaphysics of morals New Haven: Yale University Press, 2002.

Sharon, G. Sharon: the life of a leader. New York: Harper, c2011.

For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.
Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did…...

mla

References

Atiyah, P.S. (1995). Law and Modern Society (2nd ed.). Oxford, UK: Oxford University Press

Harris, P. (2007). An Introduction to Law (7th ed.). Cambridge, UK: Cambridge University Press

Martin, J (2005). The English Legal System (4th ed.). London, UK: Hodder Arnold

Lord Justice Coke described customs as "one of the main triangles of the laws of England" (Martin, 14). Others dispute this theory and contend most of the "customs" were in fact invented by the judges themselves.

If any of the above are present, or if family members concur that the deceased was significantly depressed it is important to consider the death for evidence of final exit suicide instead of a homicide.

First Degree Murder

An investigator would rely on one question to determine whether to charge someone with first degree murder or with manslaughter. Did the killer decide to kill, and then act on that decision resulting in the victim's death?

If a person was in a club and someone bumped into him and he angrily hit the man in the head with his beer bottle and the man died, that would be manslaughter, because the man committing the act did not plan to kill anyone when he entered the club that night and he didn't think through the moment he reacted.

A difference scenario would be if the man found out his wife was having an affair. He then…...

Speedy Trial
In America, the right to a speedy trial is guaranteed inside the Constitution. The case involving the man arrested for manslaughter and jailed for six months brings into question if these protections are being practiced. To fully understand what is happening requires focusing on: the factors the judge should take into consideration when arriving at a decision, if the press has a right to be present during trials and the problems with allowing television cameras inside the courtroom. Together, these elements will highlight the how this provision is applied with changes in technology and the way laws are interpreted. (Vile, 2003)

What factors do you think the judge should take into consideration when trying to arrive at a decision on how to ensure the defendant's right to a public and speedy trial?

During the deliberations, the judge should consider the facts of the case if there is some kind of designations…...

mla

References

Patriot Act Broken Down. (2013). Liberty for Life. Retrieved from:  http://www.libertyforlife.com/law/patriot_act_broken_down.htm 

Dow, D. (2002). Cameras in the Courtroom. Lanham, MD: Rowman & Littlefield.

Goldfarb, R. (2000). TV or Not TV. New York, NY: NYU Press.

Vile, J. (2003). Encyclopedia of Constitutional Amendments. Santa Barbara, CA: ABC CLIO.

The petit theft of the second degree charge will stand as well. Larceny in old common law was classified as compound or simple. Simple larceny was called grand larceny when the value of the stolen property was more than 12 pence, and petit (petty) larceny when the value was less. Compound larceny was the taking and carrying away of property from the person or house of the owner. In the U.S. today, the various criminal codes of the states generally define larceny and classify it as either grand larceny or petit larceny. Under these codes, property is stolen and larceny committed when, with definite intent to deprive oneself or a third person, one wrongfully takes, obtains, or withholds such property from an owner of it. In New York State, for example, grand larceny is classified as a felony. It is characterized as first-degree if the property is obtained by…...

Euthanasia Is Illegal
Euthanasia otherwise known as assisted suicide refers to the painless extermination of a patient suffering from terminal illnesses or painful or incurable disease. According to Cavan & Dolan, euthanasia is the practice or act of permitting the death of hopelessly injured or sick individuals in a painless means for the purpose of mercy (Cavan & Dolan 12). The techniques used in euthanasia induce numerous artifacts such as shifts in regional brain chemistry, liver metabolism and epinephrine levels causing death. Advocates of euthanasia trust that sparing a patient needless suffering or pain is a good thing. If an individual is hopelessly hurt or ill with no hope of ever getting well, if such a person is in an unending and unbearable pain and cannot experience the things that make life meaningful, the best option for such patients is euthanasia. Euthanasia raises questions on morals, legal and essence of…...

mla

Work Cited

Baird, R. Caring for the Dying: critical issues at the edge of life. New York: Prometeus Books 2003, pp.117

Cavan, Seasmus, Dolan, Sean. Euthanasia: The Debate over the right to die. New York: The Rosen Publishing Group, Oct 1, 2000.

Cohen-Almagor, R. Euthanasia in the Netherlands: The policy and practice of mercy killing. Netherlands: Springer, Aug 3, 2004.

Devettere, Raymond. Practical decision making in health care ethics: Cases and concepts. Georgetown: Georgetown University Press, 2009.

Louise oodward, 2008).
oodward's legal team filed motions after her conviction to the trial court for which a hearing began on November 4th. In the days following the verdict it came out that the jury had been split about the murder charge, but those who had favored an acquittal were persuaded to accept a conviction. This fact was of no legal consequence, however. On November 10th, at a post-conviction relief hearing, Judge Hiller B. Zobel reduced the conviction to involuntary manslaughter, saying that the circumstances in which the defendant acted were characterized by confusion, inexperience, frustration, immaturity and some anger, but not malice in the legal sense supporting a conviction for second-degree murder. He also said that he thought that allowing this defendant on this evidence to remain convicted of second-degree murder would be a miscarriage of justice (Commonwealth of Massachusetts v. Louise oodward, 2008).

oodward's sentence was reduced to time…...

mla

Works Cited

"Commonwealth of Massachusetts v. Louise Woodward." (2008). 22 February 2010,

Commonwealth v. Woodward. 427 Mass. 659 (Mass. 1998). LexisNexis Academic. Web. 22

February 2010.

Infanticide in Australia
Infanticide is the act or practice of killing newborns or infants. It has been committed or performed in every continent and in every level of culture from the poorest hunters and gatherers to the richest and most advanced classes of people and from the time of our ancestors to modern age (Milner 1998). The act or practice has been so rampant that there is enough evidence on record to show that it has been more the rule than an exception and this evidence reflects that parents themselves kill their infants under distressing and stressful situations. The practice or act was so frequent in England in the 19th century that both the medical and the private communities had to think of ways to control the crime (Milner) described by medical practitioners as savage in a contradiction to human progress.

But infanticide is not a modern creation. It was committed or…...

mla

References

Burleigh, M. (1994). Return to the planet of the apes? - peter singer in Germany. History Today.  http://www.findarticles.com/articles/p/m_mi1373/is_n10444/ai_15912728 

Cooray, M. (2004). Human rights in australia. Youth Matrix. http://www.youthmatrix.com/art_philos_humanrights.htm

Hammoud, AAM. (2004). Status of women in islam. Australian Muslim Community. http://al-emaan.org/wrights1.htm

Knight, K. (2004). Australia. The Catholic Encyclopedia, volume II, online edition.  http://www.newadvent.org/cathen/02113b.htm

Biddle v. Commonwealth and Davis v. Commonwealth are two cases that portray different interpretations and application of the law with regards to imputability in criminal law. These cases provide a different view of an individual's responsibility with regards to the level of care or responsibility for a parent than for a child. An analysis of the court ruling in each of these cases helps in understanding the required level of care or responsibility. This is primarily because the court decisions were based on the level of legal duty imposed by law on the parties. Even though the cases are relatively similar, there were differences in the rulings because of the differences in the legal duty of the parties involved.
Overview of the Cases

In Biddle v. Commonwealth, Shirley Mae Biddle was charged with first-degree murder of her baby on the premise that the baby was malnourished, dehydrated and had not eaten for…...

mla

References

Dripps, D., Boyce, R. & Perkins, R. (2013). Criminal law and procedure: cases and materials (12th ed.). New York, NY: Foundation Press.

Hendel, R.A. (2006). Criminal Law -- Murder -- Proof of Malice. Biddle v. Commonwealth, 206Va 14 (1965). William & Mary Law Review, 7(2), 399-402.

Hobart Community Legal Service Inc. (2013). Negligence and the Duty of Care. Retrieved February 22, 2017, from  http://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/negligence-and-duty-care 

Justia -- U.S. Law (n.d.). Davis v. Comm. Retrieved February 22, 2017, from  http://law.justia.com/cases/virginia/supreme-court/1985/841043-1.html