CriminalLaw..docVIP

Criminal Law Background Model Penal Code Model Penal Code was created by a group of law professors, judges, and lawyers to offer a comprehensive revision of the criminal law. The Model Penal Code is not law and has no binding effect. It has, however, been the model for many state criminal codes and has been very influential on state and local legislators. 刑法的三个主要问题 Crime—felony; misdemeanor Punishment – guidelines for sentencing (量刑指南) Criminal liability Insanity defense 精神不正常辩护 TEXT Homicide Not all homicides are criminal. Justifiable homicide ——正当杀人 Excusable homicide ——可宽恕的杀人 Justifiable homicide Self-defense 正当防卫 Police officer …to prevent the commission of a forcible felony警察预防暴力性重罪 To prevent a dangerous felon escaping 防止危险的重罪犯逃跑 Excusable homicide A person accidentally and without gross negligence causes the death of another individual. 没有严重过失 Criminal homicide——有罪杀人 A killing amounts to a criminal homicide when it done without lawful justification or excuse. Murder 恶意杀人 谋杀 manslaughter 非恶意杀人 非预谋杀人 The elements of the crimes of murder Courts decisions Common law Legislatures Separate statute Criminal code 1. Murder Killing a human being with “malice” 恶意、预谋杀人 Malice Express malice——明示恶意 Implied malice——暗示恶意 A deliberate intention to take away the life of a fellow creature 故意剥夺他人生命 No considerable provocation 没有出现相当程度的挑衅An abandoned and malignant heart 冷酷邪恶的心 Express malice vs. Implied malice Push another off the side of a mountain Fire a rifle at a moving passenger train (a) Felony – murder 重罪恶意谋杀 Felony – murder ：a murder that occurs while the accused is in the act of committing another felony, such as armed robbery. Felony murder carries a heavier sentence than plain murder. Penalty for murder Death 死刑 Prison terms extending to “life” 终身监禁 Prison to a special number of years 一定年限的监禁 Killing during the course of a felony such as robbery. 在抢劫这样的重罪过程中杀人 Gun goes off accidentally killing the robbery victim, or a bystander, or a police of