Definition Page

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by jiminmybed

by jiminmybed

So ive been asked about legal information, like the meaning of certain laws and statues. Stuff like that. So I've decided to do a definition page. If there are any terms in this book that you aren't aware of let me know and I'll put it here. For now I'm just going to post a few basic definitions.

FIRST DEGREE MURDER: First degree, or capital murder, is the most serious degree of murder. In most states, a first degree murder involves elements like deliberate planning, premeditation, or malice. Deliberate means that the defendant makes a clear-headed decision to kill the victim. Premeditation involves showing the defendant actually thought about the killing before it occurred. The period of thought required to classify a murder as premeditated may be very brief. A killing with malice requires proof that the defendant did a harmful act without just cause or legal excuse

SECOND DEGREE MURDER: Second degree murder is killing another with malice - doing a harmful act without just cause or legal excuse - but without premeditation or deliberation. In other words, this means intentionally killing someone without planning to do so in advance.

THIRD DEGREE MURDER: Third degree murder can be defined as homicide committed with the intention of causing bodily harm, but not necessarily death. It can be a killing that results from indifference or negligence or recklessness. Statutes defining third degree murder vary considerably from state to state. Most states do not have 3rd degree.

INVOLUNTARY MANSLAUGHTER: Involuntary manslaughter is defined as the unlawful killing of a human being without malice aforethought. In order to be involuntary manslaughter, the killing must have been unintentional. Different states have different definitions of or requirements for involuntary manslaughter. Generally, there are two ways to commit involuntary manslaughter: when a person causes the death of another during a lawful act carried out with a high level of negligence, or when a person causes the death of another while committing or attempting to commit a low-level unlawful act.

INVOLUNTARY MANSLAUGHTER THROUGH NEGLIGENCE: A person can commit a lawful act, but in doing so use a level of negligence that rises above typical civil negligence. If this negligence causes a death, that person can be charged with involuntary manslaughter. Many states use a variation of criminal negligence or gross negligence. These descriptors do not require the person who was negligent to have been aware of the level of the risk of his or her actions to be culpable for involuntary manslaughter. For example, if a person driving recklessly or under the influence of alcohol kills someone in an accident, this would be criminal negligence.

MISDEMEANOR MANSLAUGHTER: The second type of involuntary manslaughter is commonly known as misdemeanor manslaughter. Generally, if a person is committing a misdemeanor and unintentionally causes the death of another, that person may be prosecuted for involuntary manslaughter. However, the kind of misdemeanor the person committed may, depending on the state, determine whether the person can be charged with involuntary manslaughter

VOLUNTARY MANSLAUGHTER: Commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a second-degree murder.

ASSAULT AND BATTERY: While many think these two are interchangeable terms, they are not. A person can be charged with assault for the mere threat of harm or attempting to do so. Someone can only be charged with battery if they have come in contact with you.

HATE CRIME: A hate crime is an offense that indicates the perpetrator is biased against a particular sex, gender, sexual orientation, ethnicity, race, religion, or other social group.

AGGRAVATED ASSAULT: Aggravated assault is an attempt to cause serious bodily injury to another or to cause serious bodily injury purposely, knowingly or recklessly, with an extreme indifference to the value of human life. Examples would be intent to murder, rob, kill, or rape, as well as assault with a dangerous or deadly weapon. This also have degrees similar to that of murder.

AGGRAVATED BATTERY: The definition of aggravated battery varies by state, but the acts most often include the use of a deadly weapon, battery in which serious bodily injury occurs or where there is an intent by the perpetrator to cause serious bodily harm, battery involving a hate crime, or battery against a police officer or a vulnerable person such as a child or an elderly person.

MASS MURDER: a mass murder is defined as killing a group of people usually in one place. Examples would be any school shooting or the Las Vegas shooting.

SPREE KILLER: a spree killer is someone who kills two or more people in a short period of time without a cooling off period. Spree killers do not return to their normal lives in between killings like serial killers tend to do. Spree killers cool off time is generally about 7 days.

SERIAL KILLER: Serial Killers are like Spree Killers. They must kill two or more people to be considered a serial killer. However unlike spree killers they return to their every day lives in between killings and their cool off time can vary. They can go weeks, months and sometimes even years before killing again.