Note: These definitions may not be the same as the definition of the same charges in Kansas in 1904.
MURDER, FIRST DEGREE - In order for someone to be found guilty
of first
Degree murder the government must prove that the
person killed another person;
The person killed the other person with malice aforethought;
and the killing was
Premeditated.
To kill with malice aforethought means to kill either
deliberately and
Intentionally or recklessly with extreme disregard
for human life.
Premeditation means with planning or deliberation.
The amount of time needed
For premeditation of a killing depends on the person
and the circumstances. It
Must be long enough, after forming the intent to
kill, for the killer to have been
Fully conscious of the intent and to have considered
the killing.
MURDER, SECOND DEGREE -. The elements are
identical with those for 1st
Degree murder. The practical difference is the sentences
are different. Which
Crime to charge is usually entirely up to the prosecutor’s
discretion.
MANSLAUGHTER, VOLUNTARY - In order for someone
to be found guilty of
Voluntary manslaughter the government must prove
that the person killed
Another person; the person acted in the heat of
passion; and heat of passion was
Caused by adequate provocation.
Fear, rage, anger or terror may provoke heat of passion.
Provocation, in
Order to be adequate, must be such as might naturally
cause a reasonable person
In the passion of the moment to lose self-control
and act on impulse and without
Reflection.
MANSLAUGHTER, INVOLUNTARY - In order for a person to be found
guilty
Of involuntary manslaughter the government must
prove that someone was killed
As a result of an act by the person;
Second, in the circumstances existing at the time,
the person's act either was by
Its nature dangerous to human life or was done with
reckless disregard for human
Life; and
Third, the person either knew that such conduct was
a threat to the lives of
Others or knew of circumstances that would reasonably
cause the person to
Foresee that such conduct might be a threat to the
lives of others.
SELF-DEFENSE - A defense to certain criminal charges involving force (e.g. murder).
Use of force is justified when a person reasonably
believes that it is necessary
for the defense of oneself or another against the
immediate use of unlawful
force. However, a person must use no more force
than appears reasonably
necessary in the circumstances.
Force likely to cause death or great bodily harm
is justified in self-defense only if
a person reasonably believes that such force is
necessary to prevent death or
great bodily harm.
The Right To Protect One's Person And Property From Injury.
It will be proper to consider: 1. The extent of the
right of self-defence. 2. By
whom it may be exercised. 3. Against whom. 4. For
what causes.
As to the extent of the right: First, when threatened
violence exists, it is the duty
of the person threatened to use all prudent and
precautionary measures to
prevent the attack;… Secondly, if after having
taken such proper precautions, a party should be
assailed, he may undoubtedly
repel force by force, but in most instances cannot,
under the pretext that he has
been attacked, use force enough to kill the assailant
or hurt him after he has
secured himself from danger;…. For homicide may
be excused where a man has no other
probable means of preserving his life from one who
attacks him while in the
commission of a felony, or even on a sudden quarrel
he beats him, so that he is
reduced to this inevitable necessity. And the reason
is that when so reduced, he
cannot call to his aid the power of society or of
the commonwealth, and being
unprotected by law, he reassumes his natural rights
which the law sanctions, of
killing his adversary to protect himself.
The party attacked may undoubtedly defend himself,
and the law further
sanctions the mutual and reciprocal defence of such
as stand in the near relations
of hushand and wife, patent and child, and master
and servant. In these cases, if
the party himself or any of these his relations,
be forcibly attacked in their
person or property, it is lawful for him to repel
force by force, for the law in
these cases respects the passions of the human mind,
and makes it lawful in him,
when external violence is offered to himself, or
to those to whom he bears so
near a connexion, to do that immediate justice to
which he is prompted by nature,
and which no prudential motives are strong enough
to restrain.
The party making the attack may be resisted, and
if several persons join in such
attack they may all be resisted, and one may be
killed although he may not
himself have given the immediate cause for such
killing, if by his presence and his
acts he has aided the assailant.
The cases for which a man may defend himself are
of two kinds; first, when a
felony is attempted, and secondly, when no felony
is attempted or apprehended.
1st. A man may defend himself and even commit a homicide
for the prevention of
any forcible and atrocious crime, which if completed
would amount to a felony;
and of course under the like circumstances, mayhem,
wounding and battery
would be excusable at common law. A man may repel
force by force in defence of
his person, property or habitation, against any
one who manifests, intends,
attempts, or endeavors, by violence or surprise,
to commit a forcible felony, such
as murder, rape, robbery, arson, burglary and the
like. In these cases he is not
required to retreat, but he may resist and even
pursue his adversary, until he has
secured himself from all danger.
2d. A man may defend himself when no felony has been
threatened or attempted:
1. When the assailant attempts to beat another and
there is no mutual combat,
such as where one meets another and attempts to
commit or does commit an
assault and battery on him, the person attacked
may defend himself, and; 2. An
attempt to strike another, when sufficiently near
so that that there is danger, the
person assailed may strike first, and is not required
to wait until he has been
struck.
When there is a mutual combat upon a sudden quarrel
both parties are the
aggressors, and if in the fight one is killed it
will be manslaughter at least, unless
the survivor can prove two things: 1st. That before
the mortal stroke was given
be had refused any further combat, and had retreated
as far as he could with
safety; and 2d. That he killed his adversary from
necessity, to avoid his own
destruction.
A man may defend himself against animals, and he
may during the attack kill
them, but not afterwards.
As a general rule no man is allowed to defend himself
with force if he can apply
to the law for redress, and the law gives him a
complete remedy.
ACCIDENT - The happening of an event without the concurrence
of the will of
the person by whose agency it was caused or the
happening of an event without
any human agency; the burning of a house in consequence
of a fire being made
for the ordinary purpose of warming the house which
is an accident of the first
kind; the burning of the same house by lightning
would have been an accident of
the second kind…