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Topic: Consensual homicide

In the News (Fri 17 Feb 12)

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	Homicide Killing Unborn Child (Site not responding. Last check: 2007-09-17)
		In states that adhere to the common-law rule that one may not be convicted of homicide unless the child was born alive, the prosecution often has a difficult burden of proving beyond a reasonable doubt that the child was born alive.
		The drunk driver contended that she could not be convicted of a separate count of vehicular homicide based on the death of the unborn child because an unborn child does not constitute a "person" within the meaning of the vehicular homicide statute.
		Conviction of a defendant for homicide by vehicle was held improper on the ground that the victim, a viable fetus, was not within the protection of the statute in State v.
	www.vanderbilt.edu /SFL/homicide_killing_unborn_child.htm (11990 words)

	Briefing Papers - Mercy and Consensual Killings
		Under the current law, a "mercy" killing that that is not a consensual killing is always murder, unless the defendant can prove diminished responsibility in which case he or she is guilty of manslaughter.
		Under the current law, a consensual killing, whether or not a "mercy" killing, is always murder unless the killing is committed after entering into a suicide pact in which case it is manslaughter.
		We believe that in the majority of cases of "mercy" killings and consensual killings committed after entering into a suicide pact, the person carrying out the killing is likely to be suffering from severe depression.
	www.donoharm.org.uk /alert/briefing_papers/mercy_and_consensual_killings.htm (1829 words)

	Negligent homicide - Wikipedia, the free encyclopedia
		An example of such a case is when an elderly person is allowed to accumulate bedsores, as they are not helped out of a couch or bed for a prolonged period of time and die as a result of necrotic tissue.
		If a more able person, often a son or daughter, was present or expected to be present during the time when the elderly person was accumulating bedsores, they may be found liable of negligent homicide, as their inaction and blatant disregard for human life resulted in the death of someone under their care.
		Negligent homicide generally only applies if a pattern of negligence resulted in the death of the individual.
	en.wikipedia.org /wiki/Negligent_homicide (248 words)

	Carolina Crime Scene Cleanup (Site not responding. Last check: 2007-09-17)
		Homicide is the act of killing another human being.
		Although homicide is not necessarily illegal, some jurisdictions use the word to indicate the unlawful killing of a person.
		Homicide is typically considered a malum in se crime, and every legal system contains some form of prohibition or regulation of homicide.
	www.carolina-crime-scene-cleanup.com (178 words)

	Nigeria: The death penalty and women under the Nigerian penal systems - Amnesty International (Site not responding. Last check: 2007-09-17)
		For example, a survey on the relation between the death penalty and homicide rates in the world, conducted for the UN in 1988 and updated in 2002, concluded: "Research has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment and such proof is unlikely to be forthcoming"(16).
		She was convicted of culpable homicide under the Penal Code in 1993 and sentenced to death by hanging two years later.
		Consensual sexual relations between people over the age of consent is not punishable at all in the Criminal Code of southern Nigeria.
	web.amnesty.org /library/Index/ENGAFR440012004 (16398 words)

	SALON Daily Clicks: Newsreal
		In fact, consensual sex among the ranks was so common at the Aberdeen Proving Ground that it seemed to be closer in spirit to "Animal House" than the virtuous U.S. Army.
		Consensual sex between officers and enlisted is forbidden in the military.
		In fact, the Army itself admits that fully 40 percent of the female "victims" at Aberdeen had consensual sex or were having personal relationships (also a violation of regulations) with the accused sergeants.
	www.salon.com /may97/news/news970508.html (1023 words)

	Criminal Defense (Site not responding. Last check: 2007-09-17)
		Children under the age of 14 are not capable of committing crimes according to California law, unless the prosecutor presents clear proof that the child had knowledge of the wrongfulness of his or her action.
		Homicide is the unlawful killing of another human being.
		Vehicular homicide is defined as manslaughter committed by driving a vehicle.
	www.law4545.com /list-criminal-defense-crimes.htm (3097 words)

	Homicide charge stands in woman's death - Pittsburgh Tribune-Review
		A defense attorney argued Tuesday that murder charges against his client should be dismissed because his actions in the death of a Fayette County woman don't meet the legal definition of malice.
		Eric L. Bowser, 31, of Hopwood, South Union Township, is charged with criminal homicide and abuse of a corpse in the death of April Lincoln, 20, of Martin, Nicholson Township.
		But a forensic pathologist disputed Bowser's version of events that he had simply pushed her away from him, testifying Tuesday that "some greater force had to be applied" to cause Lincoln's skull fractures than a fall from a standing position.
	www.pittsburghlive.com /x/tribune-review/trib/fayette/s_440273.html (353 words)

	[No title] (Site not responding. Last check: 2007-09-17)
		In 2004 the homicide rate in Canada was 2.0 per 100,000 people or approximately 650 homicides per year.
		Modern codifications tend to create a genus of offenses, known collectively as homicide, of which murder is the most serious species, followed by manslaughter which is less serious, and ending finally in justifiable homicide, which is not a crime at all.
		In Nordic countries, the payment of weregild was used in homicide cases until the 16th century.
	stron.frm.pl /wiki.php?title=Murder (5992 words)

	Feticide Poll
		I favor this new Texas definition of an "individual" which protects the human embryo and fetus at all stages of development, as well as the person "born alive," from criminal homicide .
		I favor protecting a person "born alive" and a human fetus at all stages of development, but not an embryo, from criminal homicide.
		I favor protecting a person "born alive" and a viable fetus, but not an unviable fetus and embryo, from criminal homicide.
	www.stclguns.homestead.com /FeticidePoll.html (121 words)

	CRIMES AGAINST UNBORN CHILD
		a criminal homicide of an unborn child constitutes first-degree murder of an unborn child when it is committed by an intentional killing.
		a criminal homicide of an unborn child constitutes second-degree murder of an unborn child when it is committed while the defendant was engaged as a principal or an accomplice in the perpetration of a felony.
		for the consensual or good faith performance of medical practice, including medical procedures, diagnostic testing or therapeutic treatment, the use of an intrauterine device or birth control pill to inhibit or prevent ovulation, fertilization or the implantation of a fertilized ovum within the uterus.
	members.aol.com /StatutesP1/18.Cp.26.html (909 words)

	Legal Terms
		For example, in a murder, homicide is the actus reus, and malice aforethought is the mens rea.
		A homicide committed in the course of another crime, such as a burglary.
		Voluntary manslaughter is homicide with mitigating circumstances-for example, a fight in which one person kills another.
	www.victoriapacking.com /legalinfo.html (3882 words)

	Digging Deeper – Homicide Incident Reviews
		The homicide review generated a rich description of the backgrounds of victims and suspects, the locations of incidents, and the context and motives of specific homicides.
		We adopted the terminology “groups of known, chronic offenders” to reflect the lack of a consensual definition of gang and the reality that much gang activity in Indianapolis is of a relatively loose structure.
		The interesting point from the example was that neither the homicide investigators nor the gang unit were aware of the gang-involvement in the homicide or the Dog Pound gang.
	www.cj.msu.edu /~outreach/psn/resource_cd/indy.htm (3173 words)

	T. Moody * Persons, Identity, and Abortion
		She does not argue that the right to life does not entail a right not to be the victim of homicide because this is precisely what the right to life does entail.
		Homicide can be justified in self-defense, and this justification can certainly be invoked in those cases where the pregnant woman's life is at risk.[8] In the more typical case of pregnancy as a result of consensual intercourse, the woman's life is not at stake.
		Homicide is not considered a justifiable option in these other cases, so it is hard to see what would make it a justifiable option in the case of unwanted pregnancy.
	www.sju.edu /~tmoody/abortion.htm (3743 words)

	JS Online: Sex strangler given 5-year term
		Consensual act got too rough, killed mother of 2, according to prosecutors
		A Milwaukee man who unwittingly killed a mother of two by strangling her during consensual violent sex was sentenced Wednesday to five years in prison.
		Prioleau, 22, pleaded guilty in September to second-degree reckless homicide for the Sept. 18, 2001, death of Hunter, 31, in her home in the 1700 block of N. 24th St.
	www.jsonline.com /story/index.aspx?id=104712&format=print (345 words)

	FLIPPO v. WEST VIRGINIA
		Petitioner’s motion to suppress evidence seized in a warrantless search of a “homicide crime scene” was denied on the ground that the police were entitled to make a thorough search of any crime scene and the objects found there.
		The examination of [the] briefcase found on the table near the body of a homicide victim in this case is clearly something an investigating officer could lawfully examine.” App.
		It simply found that after the homicide crime scene was secured for investigation, a search of “anything and everything found within the crime scene area” was “within the law.” App.
	supct.law.cornell.edu /supct/html/98-8770.ZPC.html (951 words)

	THOMPSON v. LOUISIANA, 469 U.S. 17 (1984)
		Thirty-five minutes later, officers from the Sheriff's Office homicide unit arrived at the house and, without first obtaining a warrant, conducted a 2-hour "general exploratory" search of the entire house, during which the items in question were found.
		Although the homicide investigators may have had probable cause to search the premises, for the search to be valid, it must fall within one of the narrow and specifically delineated exceptions to the warrant requirement of the Fourth Amendment.
		The Louisiana Supreme Court's decision does not attempt to validate the search as consensual, although it attempts to support its diminished-expectation-of-privacy argument by reference to the daughter's "apparent authority" over the premises when she originally permitted the police to enter.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?friend=nytimes&navby=case&court=US&vol=469&invol=17 (1748 words)

	United States of America: The illusion of control: "Consensual" executions, the impending death of Timothy ...
		As much as ''consensual'' executions play into the hands of the state and its desire for quick, quiet and clinical killings, there are numerous examples of prolonged executions among this group of prisoners, as there are among ''non-consensual'' executions.
		In the name of our own loved ones who have been victimized by homicide, we renew our call for the federal government to end the cycle of violence: halt the execution of Timothy McVeigh and others facing a death sentence, and give full support and resources to helping the families of victims of homicide.
		On 8 November 2000, a federal court stayed the ''consensual'' execution of Daniel Saranchak minutes before he was due to be killed, and he subsequently resumed his appeals.
	www.amnestyusa.org /regions/americas/document.do?id=3BE17F3606A4A32D80256A3100478E4D (18469 words)

	Consensual homicide - Wikipedia, the free encyclopedia
		Consensual homicide refers to a killing in which the victim wants to die.
		The more common form is physician-assisted suicide, in which terminally ill people seek assistance from their doctors (or family members) to alleviate their suffering by ending their lives.
		Beyond their lurid sexual details, both cases introduce paradoxes about the respective responsibility of the parties, the legal differences between consensual homicide and suicide.
	en.wikipedia.org /wiki/Consensual_homicide (188 words)

	Homicide investigation (Site not responding. Last check: 2007-09-17)
		Homicide is therefore considered an exemplar, or good example, to use in the teaching of criminal investigation.
		Homicide is only the sixth leading cause of death in America.
		Homicide is a crime with a pretty high clearance rate; at least 65% of all homicides are solved by arrest of the perpetrator, and some years, the percentage is closer to 85%.
	faculty.ncwc.edu /toconnor/315/315lect10.htm (4083 words)

	K.P.S. Gill: Freedom From Fear -- Politics & Governance - Common Folly and Discord
		Despite the repeated scandals and the accompanying, though fitful, commotions in Parliament, politicians have, by and large gone unpunished for their wrongdoings, and there has been a virtual and consensual immunity against effective investigations and judicial action.
		In the wake of the Supreme Court decision waiving the requirement of Government sanction for investigations against politicians, there appears to be something of a consensus in Parliament that 'judicial activism' is overreaching its acceptable bounds.
		Given the current composition of the political classes and the endemic dependence of political parties on criminal elements, it is difficult to imagine that they will give up without a fight.
	www.satp.org /satporgtp/kpsgill/governance/06dec09Pio.htm (1024 words)

	American Civil Liberties Union : Coalition Letter to the Joint Services Committee on Military Justice Urging Revision ...
		There is no separate legislative history expressing a Congressional purpose in prohibiting consensual sodomy through Article 125, other than the general purpose to prohibit the kinds of criminal conduct generally proscribed in civil society.
		Consensual sodomy is punishable by "[d]ishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years."
		The criminal penalties for sodomy are in fact more severe than the punishment for negligent homicide, extortion, assault upon a child under 16 years, and aggravated assault other than with a loaded firearm.
	www.aclu.org /lgbt/crimjustice/12365leg20031031.html (3203 words)

	The Daily Press - Ashland, WI
		Wednesday, September 20th, 2006 09:13:53 AM A 22-year-old Ashland woman who earlier this year entered a plea of no contest to charges of reckless homicide in the death of her infant son has been sentenced to 10 years in state prison and 20 years of extended supervision following her release.
		Defense Attorney Paul M. Moldenhauer said the death of the child was "a most tragic case," but noted that Stoudt had no record of violence, and that the case was the first time in her life that she had ever been in serious trouble.
		He said the judge correctly noted that the prosecution had taken Stoudt's cognitive issues into account, saying those issues were what kept him from charging Stoudt with first-degree intentional homicide, which carries a life sentence.
	www.ashlandwi.com /dailypress/index.php?sect_rank=1&story_id=210929 (751 words)

	Halfbakery: Consensual Sex Condoms
		This is not proof it's consensual - the man can still date rape her if she decides not to sleep with him after her purchase.
		there are instances of rape in marriage, there are instances of rape in long-term relationships, and, sadly, there are instances where after 'getting started' in a consensual act one of the parties changes their mind.
		And as [seedy em] said, consensual sex isn't as fl-and-white as some seem to think; boyfriends rape girlfriends and vice versa.
	www.halfbakery.com /idea/Consensual_20Sex_20Condoms (1077 words)

	Michigan Criminal Cases, Homicide, Assault, Drug, Sexual Conduct Cases
		A successful business owner was charged five counts of criminal sexual conduct in Macomb County for violently raping and assaulting an acquaintance in his home.
		Even though the sex was consensual, his former lawyer convinced him to plead no contest, and the client was facing certain jail and possibly prison.
		We were successful in convincing the court to withdraw the client's plea, and the case went to trial.
	www.kirschandsatawa.com /sections/practice_areas/samplecases.htm (1050 words)

	United States of America: The illusion of control: "Consensual" executions, the impending death of Timothy McVeigh, and ... (Site not responding. Last check: 2007-09-17)
		As much as ''consensual'' executions play into the hands of the state and its desire for quick, quiet and clinical killings, there are numerous examples of prolonged executions among this group of prisoners, as there are among ''non-consensual'' executions.
		In the name of our own loved ones who have been victimized by homicide, we renew our call for the federal government to end the cycle of violence: halt the execution of Timothy McVeigh and others facing a death sentence, and give full support and resources to helping the families of victims of homicide.
		On 8 November 2000, a federal court stayed the ''consensual'' execution of Daniel Saranchak minutes before he was due to be killed, and he subsequently resumed his appeals.
	www.web.amnesty.org /ai.nsf/index/amr510532001 (16813 words)

	Arizona Felony Sentencing - Criminal & DUI Defense
		1) In a consensual sexual relationship between a 19 year old and a 16 year old, the 19 year old may be charged with sexual conduct with a minor, a class 6 felony.
		He or she is eligible for probation with sex offender terms, and if given prison is facing 1/3 of a year to 2 years with a presumptive sentence of 1 year.
		The difference between the different levels of Homicide is largely determined by the mental state of the defendant (i.e.
	www.borrellilawoffice.com /page4.html (2102 words)

	DNA Match Not Enough in Md. Murder Trial
		Nearly seven years after a young prostitute was beaten to death in the Chillum area, Prince George's County police learned that DNA found at the murder scene matched a District man's, and they charged him with the homicide.
		Way's DNA was found inside and outside a condom that police discovered near Sharp's body, as well as under the victim's fingernails.
		McGowan told jurors that Way had engaged in consensual sex with Sharp, a known prostitute, but did not harm her.
	www.washingtonpost.com /wp-dyn/content/article/2005/08/31/AR2005083102401_pf.html (419 words)

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