First Degree Murder - Law Dictionary Search Results

Home Dictionary Name: first degree murder

first-degree murder

first-degree murder see murder ...

murder [partly from Old English morthor; partly from Old French murdre, of Germanic origin] the crime of unlawfully and unjustifiably killing another under circumstances defined by statute (as with premeditation) ;esp such a crime committed purposely, knowingly, and recklessly with extreme indifference to human life or during the course of a serious felony (as robbery or rape) compare cold blood, cooling time, homicide, manslaughter NOTE: Self-defense, necessity, and lack of capacity for criminal responsibility (as because of insanity) are defenses to a charge of murder. Most state statutes and the U.S. Code divide murder into two degrees. Florida, Minnesota, and Pennsylvania currently have three degrees of murder. Some states do not assign degrees of murder. [di-pr?vd-h rt-] a murder that is the result of an act which is dangerous to others and shows that the perpetrator has a depraved mind and no regard for human life NOTE: Depraved-heart murder is usually considered second- or...

diminished capacity

diminished capacity 1 : an abnormal mental condition that renders a person unable to form the specific intent necessary for the commission of a crime (as first-degree murder) but that does not amount to insanity called also diminished responsibility partial insanity compare insanity, irresistible impulse test, m'naghten test, substantial capacity test 2 a : a defense based on a claim of diminished capacity b : the doctrine that diminished capacity may negate an element of a crime NOTE: If diminished capacity is shown, negating an element of the crime with which a defendant is charged, the defendant can only be convicted of a lesser offense that does not include the element. ...

implied acquittal

implied acquittal : an acquittal of a more serious offense (as first-degree murder) that is considered to result from a verdict which convicts the defendant of a lesser included offense while remaining silent on the greater one NOTE: A greater offense and a lesser included offense are the same offense under a double jeopardy analysis. Therefore, a conviction of a lesser included offense and implied acquittal of the greater offense bars retrial on the greater offense. ...

premeditation

premeditation : an act or instance of premeditating ;specif : consideration or planning of an act beforehand [designed so that it requires to tamper with it] [murder in the first degree is the killing of a human being committed…intentionally and with "Kansas Statutes Annotated"] see also cold blood, murder compare intent NOTE: The terms premeditation malice aforethought deliberate, and willful are often used in statutes either along with or instead of intent to describe the necessary mental state for a crime. In some jurisdictions the premeditation has to occur only moments before the act, while in others it must precede the act by an appreciable amount of time. ...

manslaughter

manslaughter : the unlawful killing of a human being without malice compare homicide, murder involuntary manslaughter : manslaughter resulting from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not amounting to a felony, or from the commission of a lawful act involving a risk of injury or death that is done in an unlawful, reckless, or grossly negligent manner see also reckless homicide at homicide NOTE: The exact formulation of the elements of involuntary manslaughter vary from state to state esp. with regard to the level of negligence required. In states that grade manslaughter by degrees, involuntary manslaughter is usually graded as a second- or third-degree offense. misdemeanor-manslaughter : involuntary manslaughter occurring during the commission of a misdemeanor compare felony murder at murder voluntary manslaughter : manslaughter resulting from an intentional act done without malice or premeditati...

Piracy

Piracy [fr. pirata, Lat.], the commission of those acts of robbery and violence upon the sea, which if committed upon land wold amount to felony. Pirates hold no commission or delegated authority from any sovereign or State, empowering them to attack others. They can, therefore, be only regarded in the light of robbers. They are, as Cicero has truly stated, the common enemies of all (communes hostes omnium); and the law of nations gives to every one the right to pursue and exterminate them without any previous declaration of war (see Piracy Jure Gentium, 1934, AC 586, where a frustrated attempt was held to be piracy by that law); but it is not allowed to kill them without trial, except in battle. Those who surrender or are taken prisoners must be brought before the proper magistrates, and dealt with according to law. By the ancient Common Law of England, piracy, if committed by a subject, was held to be a species of treason, being contrary to his natural allegiance; if by an alien, to ...

Public order

Public order, expression 'public order' has a distinct corrodation. Investigation into the offence under the Essential Commodities Act, may not be equated with the maintenance of public order as is commonly understood, Romesh Lal Jain v. Naginder Singh Rana, (2006) 1 SCC 294.Public order, has a comprehensive meaning so as to include public safety in its relation to the maintenance of public order and maintenance of public order involves consideration of public safety. They are closely allied concepts, Revana Siddaiah v. State of Mysore, AIR 1952 Mys 85: (1951) ILR Mys 455: (1952) Cr LJ 1526.Public order, has a very wide connotation public order is the basic need in any organized society. It implies the orderly State of Society and Community in which citizens can peacefully pursue their normal activities of life, Kamlakar Shankar Patil v. B. Akashi, (1994) Cr LJ 1870.Public order, has in several decisions, been equated with public safety and tranquility. Each and every breach of tranqui...

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