Asi Es
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Publicado: 17 de junio de 2012
LEGAL ENGLISH
Teacher: Miss Silvia Suéscum, Attorney at Law WEEK 4 APRIL 21st – 22nd, 2012
INTRODUCTION TO CRIMINAL LAW DEFINITION OF CRIMINAL LAW Criminal Law is a set of legal rules that refer to the way how the criminal procedure works. It is important to point out that in the United States of America the Criminal Law varies from state to state but the premises are the same. PURPOSE Tomaintain welfare and protection of the society. To draw a line between what is considered acceptable or unacceptable behavior in society according to public morality. To set boundaries. Once an individual is convicted of committing a crime, he can receive a punishment which can be a fine, imprisonment or both.
DEFINITION OF CRIME Crime is an illegal act or omission that involves the violation oflaw, causes harm to the society and is punishable by the state. These acts or omissions are considered to be unacceptable by a majority of people within a society.
The legal system as we know it operates on the premise that “the criminally accused are innocent until proven guilty in a court of law”. There are different categories of crimes for example violent crimes, drug and alcohol relatedcrimes, white collar crimes, crimes against women and minors, etc.
TYPES OF CRIME There are two types of crimes and these are: FELONY.- Is a crime serious enough to result in punishment by: Death or Imprisonment for federal prison.
more
than
one
year
in
a
state
or
It is also known as “High Crime” and it applies to serious offenses such as rape, murder, treason,kidnapping, robbery. MISDEMEANOR.- Is a lower degree crime which can result in punishment by: The payment of a fine or Imprisonment for less than one year or one year maximum in a county or local jail. are: petty theft, traffic
Examples of misdemeanors violations, etc.
DIFFERENCE: The degree of seriousness of the offense. The type of punishment for committing the offense.
HOMICIDE: DEFINITIONAND TYPES Homicide is the unnatural ending of the life of a person by an act or omission of another person (or people). It is a criminal act that can be done with a motive and the intention to harm or with reckless disregard of the safety of others.
TYPES OF HOMICIDE: We can classify them like this: a) First Degree Murder. b) Second Degree Murder. c) Involuntary Manslaughter. d) VoluntaryManslaughter.
a) FIRST DEGREE MURDER It is when a person kills another person deliberately with a pre-plan because the person has the intention to do it, in most cases while committing another crime or felony such as rape, burglary, armed robbery, etc. The person committing the crime kills the victim with malice aforethought. The death was premeditated and intentionally showing extreme disregard forhuman life or cruelty to the victim. Example: Killing the security guard while robbing a bank.
b) SECOND DEGREE MURDER It is when a person kills another person without premeditation (no intention) to do it but with some intention to cause harm sometimes because the person committing the crime has been a victim of an assault. Assault means an unlawful physical attack or violence upon anotherperson.
In other words, in a Second Degree Murder the motive was not to kill the victim but the death happened as a response to the assault. There was no plan to kill the person but there was some intention to cause harm. Example: A person shoots another on the knee to hurt him because the second person was attacking first but the second person died due to an uncontrollable bleeding and thefailure to get medical assistance for him. The intention was not to kill the person.
c) INVOLUNTARY MANSLAUGHTER It is when a person kills another person in an unintentional way which results from recklessness or negligence. There is no intention (no pre-plan) to kill but the death occurred due to a careless, dangerous or negligent act. The circumstances are important to see if the person’s act was...
Teacher: Miss Silvia Suéscum, Attorney at Law WEEK 4 APRIL 21st – 22nd, 2012
INTRODUCTION TO CRIMINAL LAW DEFINITION OF CRIMINAL LAW Criminal Law is a set of legal rules that refer to the way how the criminal procedure works. It is important to point out that in the United States of America the Criminal Law varies from state to state but the premises are the same. PURPOSE Tomaintain welfare and protection of the society. To draw a line between what is considered acceptable or unacceptable behavior in society according to public morality. To set boundaries. Once an individual is convicted of committing a crime, he can receive a punishment which can be a fine, imprisonment or both.
DEFINITION OF CRIME Crime is an illegal act or omission that involves the violation oflaw, causes harm to the society and is punishable by the state. These acts or omissions are considered to be unacceptable by a majority of people within a society.
The legal system as we know it operates on the premise that “the criminally accused are innocent until proven guilty in a court of law”. There are different categories of crimes for example violent crimes, drug and alcohol relatedcrimes, white collar crimes, crimes against women and minors, etc.
TYPES OF CRIME There are two types of crimes and these are: FELONY.- Is a crime serious enough to result in punishment by: Death or Imprisonment for federal prison.
more
than
one
year
in
a
state
or
It is also known as “High Crime” and it applies to serious offenses such as rape, murder, treason,kidnapping, robbery. MISDEMEANOR.- Is a lower degree crime which can result in punishment by: The payment of a fine or Imprisonment for less than one year or one year maximum in a county or local jail. are: petty theft, traffic
Examples of misdemeanors violations, etc.
DIFFERENCE: The degree of seriousness of the offense. The type of punishment for committing the offense.
HOMICIDE: DEFINITIONAND TYPES Homicide is the unnatural ending of the life of a person by an act or omission of another person (or people). It is a criminal act that can be done with a motive and the intention to harm or with reckless disregard of the safety of others.
TYPES OF HOMICIDE: We can classify them like this: a) First Degree Murder. b) Second Degree Murder. c) Involuntary Manslaughter. d) VoluntaryManslaughter.
a) FIRST DEGREE MURDER It is when a person kills another person deliberately with a pre-plan because the person has the intention to do it, in most cases while committing another crime or felony such as rape, burglary, armed robbery, etc. The person committing the crime kills the victim with malice aforethought. The death was premeditated and intentionally showing extreme disregard forhuman life or cruelty to the victim. Example: Killing the security guard while robbing a bank.
b) SECOND DEGREE MURDER It is when a person kills another person without premeditation (no intention) to do it but with some intention to cause harm sometimes because the person committing the crime has been a victim of an assault. Assault means an unlawful physical attack or violence upon anotherperson.
In other words, in a Second Degree Murder the motive was not to kill the victim but the death happened as a response to the assault. There was no plan to kill the person but there was some intention to cause harm. Example: A person shoots another on the knee to hurt him because the second person was attacking first but the second person died due to an uncontrollable bleeding and thefailure to get medical assistance for him. The intention was not to kill the person.
c) INVOLUNTARY MANSLAUGHTER It is when a person kills another person in an unintentional way which results from recklessness or negligence. There is no intention (no pre-plan) to kill but the death occurred due to a careless, dangerous or negligent act. The circumstances are important to see if the person’s act was...
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