1 / 11

What is malice? According to the PA Superior Court in Commonwealth v. Levin

This article explores the concept of malice and its relevance to homicide charges. It discusses a specific case where a woman fell from a high-rise building while drinking with her boyfriend. The article also examines the different classifications of homicide and invites readers to consider which charge the boyfriend should be faced with.

cuffee
Download Presentation

What is malice? According to the PA Superior Court in Commonwealth v. Levin

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. What is malice? According to the PA Superior Court in Commonwealth v. Levin Malice consists of a "wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty, although a particular person may not be intended to be injured...." Malice may be found where the defendant consciously disregarded an unjustified and extremely high risk that his actions might cause serious bodily injury.

  2. “Woman who fell from high-rise, boyfriend were drinking” If Kevin Eckenrode’s version of events is true, which classification of homicide do you think he should be charged with? Explain why you feel that way. http://www.poconorecord.com/apps/pbcs.dll/article?AID=/20060227/NEWS/60227006

  3. Eckenrode sentenced for PV grad's fatal fall HARRISBURG (AP) -- The man convicted of involuntary manslaughter in Pleasant Valley High School graduate Rachel Kozlusky's fatal fall from his 23rd-story apartment window was sentenced Wednesday to 11½ to 23 months behind bars. Kevin P. Eckenrode, 26, will become eligible for work release after serving three months in Dauphin County Prison, and county Judge Richard A. Lewis agreed to let the Scranton native serve his work release in Lackawanna County. At his sentencing Wednesday, he apologized to her family. Eckenrode also was sentenced to 24 months' probation and ordered to perform 200 hours of community service by talking to young people about the dangers of alcohol abuse. He will be barred from consuming alcohol during his probation and required during the first six months to wear an electronic bracelet that alerts authorities if he drinks. http://www.poconorecord.com/article/20070221/News/70221004

  4. Crimes Essential Questions: What is the difference between a federal offense and a state offense? What is the difference between a felony, a misdemeanor, and a summary offense? How are common Pennsylvania crimes defined?

  5. Federal Offense vs. State Offense Federal Statutes http://www.law.cornell.edu/uscode/ Pennsylvania Statutes http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000

  6. Federal Offense vs. State Offense Federal Statutes http://www.law.cornell.edu/uscode/ Pennsylvania Statutes http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000

  7. Federal Offense vs. State Offense Federal Statutes http://www.law.cornell.edu/uscode/ Pennsylvania Statutes http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000

  8. Federal Offense vs. State Offense Federal Statutes http://www.law.cornell.edu/uscode/ Pennsylvania Statutes http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000

  9. TITLE 18, Chapter 11. Authorized Disposition of Offenders

  10. Criminal AttemptArson Criminal SolicitationCriminal Mischief Criminal Conspiracy Criminal Trespass 1st Degree MurderBurglary 2nd Degree Murder 3rd Degree MurderRobbery Theft by Unlawful Taking Voluntary ManslaughterTheft by Extortion Involuntary ManslaughterReceiving Stolen Property Homicide by Vehicle Forgery Simple AssaultMisapplication of Entrusted Property Aggravated AssaultTrademark Counterfeiting Identity Theft Reckless Endangerment Terroristic ThreatsEndangering the Welfare of Children KidnappingDisorderly Conduct Corruption of Minors Rape Statutory Sexual Assault

  11. http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18

More Related