Criminal law of the United States

Crimes

Homicide: Only a human being can commit a homicide (as opposed to other legal persons, such as corporations). He does so when unlawfully he kills another human being. The two categories of homicide are murder and manslaughter.

A person who accidentally causes a fatal car accident because they lost control on black ice and killed a child is still considered to have committed "homicide," but is not punishable as long as it is proven that it was a truly, tragic accidental car wreck. Homicide is a word tied to a criminal murder in the lay view, it is the "unlawful killing of another human being" and may not be punishable

Murder: A human being commits murder when he commits a homicide with malice aforethought, an "endangering state of mind." There are four ways to satisfy the element of malice. One is an intent to kill and is the only form of express malice. The remaining ways are implied malice. One is an intent to inflict great bodily harm. A third is a reckless disregard for the value of human life, sometimes called depraved heart. The last only applies when someone dies during the commission or attempted commission of a felony. It is often called the felony murder rule and only requires the person to intend to commit the underlying felony.

Degrees of murder did not exist under common law. Most states have statutorily created at least two degrees of murder. Usually, a person only commits first-degree murder when he has express malice. If he has any other type of malice, he usually commits second-degree murder. American law reformed old world, common law practices during the ages of Henry VIII where even petty thieves were executed. American law generally categorizes the level of punishment and created lesser sentences, as opposed to the common law "one size fits all," hence the first, second, third and fourth degree murder with different level of punishment. (See voluntary manslaughter)

Voluntary manslaughter: Voluntary manslaughter is the lesser charge of homicide, lesser than murder, for a reason that has come down by American law taken from the felony murder rule doctrine of the common law. American society has come to understand how a loss of self control, brought about through emotional states, can push a person toward murder when it is not rationally intended. Since Henry the Eighth, common law practices were harsh whereas petty thieves were executed, as well as criminals whose motives were understood as emotionally challenging to maintain self control. Voluntary manslaughter, although punishable, is an intentional, malicious form of homicide that involves certain elements to justify this lesser charge.

The "Heat of Passion" and "Cooling off Period" are subjective justifications that are argued in court, by attorneys, based on circumstantial evidence and establishment of motives where proof of a crime may not be fully assertained. For more information on criminal law attorneys please check criminal law attorneys. The ideas that a person, whom upon walking into his bedroom, observes his wife having sex with another male (his lifelong rival), reacts harshly and grabs a nearby gun, and within a matter of minutes, kills both of them, is less punishable than other forms of deliberate, premeditated and willful acts of calculated murder. A person is still "hot," the heat of passion is so great that reason is dismissed and primal aggression takes over, but was never the natural intention of the person ever, with no evidence of ever having marital problems or the like. Because he or she walked in on his partner's infidelity and kills both of them within minutes, he or she has no chance to cool off. However, the heat of passion and cooling are subjective factors.

According to the law, a murder charge can become a voluntary manslaughter charge is there is proof of "legally adequate provocation," the objective test. This truly objective stanard combines heat of passion and cooling off to determine them from the facts of a case. The question is, "Does the defendant has legally adequate provocation to have lost control?" In situations of infidelity described above, he does, according to America's general interpretation. (Facts of a particular case may override some of that matter, however). Insulting words alone cannot justify legally adequate provocation.

Think about reasonably adequate provocation in terms of a stressful trigger to a loss of self control. The law says insulting words, or words alone, cannot justify a trigger of criminal homicide. Your lover cannot call you a name, thereby making you justified in killing them. The legally adequate provocation must go beyond insulting words to events, situations and circumstances that surprise the defendant and trigger them to lose any sort of reasonablness without time to think through the consequences nor weigh the pros and cons. In this way, a court may establish a defendant, originally charged with second degree murder, to have been legally adequately provoked to commit the unlawful act of killing of another human being making his crime less punishable, but still punishable. Voluntary manslaughter results in a lesser charge than murder, but more than involuntary manslaughter.

Involuntary manslaughter: Although Involuntary manslaughter is unintentional, the law requires proof beyond a reasonable doubt of some form of malfeasance or misfeasance. Malfeasance is considered to be any dangerous, unlawful act (felony), misfeasance includes any act, even lawful, that is criminally negligent (misdemeanor).

Rape: American rape law has transitioned common law practices which grew out of a male centric legal interpretation to the feministic view it has today. A woman once had to prove absolute resistance against her aggressor, and rape reformation laws in America did away with the Hale Warning, corrorborating evidence, and the early outcry doctrine and instead focused rape law reform onto the aggressive, coercive nature of the "rapist." Marial rape law once required "forcible, unlawful and carnal knowledge," and common law once believed husbands cannot rape their wives, so these incidents, if reported at all, were never charged. Women in America have reported more rape with these times, however, only 12% of rapes are currently reported nationally out of the thousands of offenses that occur.